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Lecture 25

GOV 312L Lecture 25: Gov 312L – Palko and Adamson – 2.6

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GOV 312L
Christina Bambrick

Gov 312L Palko and Adamson 2.6 Agenda 1. Reconstruction amendments and Bill of Rights a. Fairness doctrine b. Total incorporation c. Total incorporation plus d. Selective incorporation 2. Palko V. Connecticut (1937) 3. Adamson V. California (1947) Reconstruction amendments and the BOR th Should the 14 amendment be interpreted to ask does that clause change the states obligations? Yes. Do they now have to apply all of BOR? Does due process of law, require that the states recognize the first 8 amendments? All BOR? th th o First 8 significant because 9 and 10 cant apply to states in the same way o 9 and 10 does not actually deal with substantive right o Dont worry about this After civil rights amendments, the question is should states recognize BOR? o SC said no Framers didnt want govt to be able to interfere with states Shows struggle between national govt to make laws and recognize rights Dont need to know slaughterhouse cases for the test Late 19 centuryearly 20 century o Same questions still apply o Get four different theories of incorporation fairness doctrine trying to find what is fair for due process not limited to BOR is it limited to const. or not? philosophical question total incorporation incorporate all of BOR total incorporation plus we need to incorporate all of BOR plus other provisions other provisions: constitutional guidelines o doesnt have to be explicit in the const., can read between the lines o wording for provisions: constitutional spirit, traditions of the const. selective incorporation which amendments of the BOR are necessary for justice limiting your vision to just what the BOR says, cant look for anything past them only incorporating select BOR incorporating each of the 10 amendments as a whole
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