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Bill of Rights for Real Life:The Incorporation Doctrine
The curriculum, The
Bill of Rights for RealLife, was madepossible by a
generous grant fromthe Cortopassi
Institute.
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The Bill of Rights
for Real Life
Designed for less academically-
inclined high school students
21 core lesson plans 8th GradeReading Level
Strong literacy/media literacycomponent
Research-based best teaching practices
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Unit Introduction
Essay8th grade level
LessonOverviewStandardsObjectivesMaterials
Lesson PlanHandouts
DVDIntroductionReinforcement
ReviewExtension Options
HomeworkExtensions
Real Life Portal
Back of the Book ResourcesAnswer Key (pgs. 205-218)Reading Quizzes (pgs. 221-241)Landmark Sup. Court Cases (pgs. 245-257)DVD Guides (pgs. 261-266)Glossary (pgs. 269-273)Educational Resources (pgs. 277-280)Legal Experts & Scholars (pgs 283-289)
Parent Letter (p. 290)
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Common Core State Standards for English Language Arts &Literacy in History/Social Studies
8. Delineate and evaluate the reasoning in seminal U.S. texts,
including the application of constitutional principles anduse of legal reasoning (e.g., in U.S. Supreme Courtmajority opinions and dissents) and the premises,purposes, and arguments in works of public advocacy
(e.g., The Federalist, presidential addresses).9. Analyze seventeenth-, eighteenth-, and nineteenth-
century foundational U.S. documents of historical andliterary significance (including The Declaration of
Independence, the Preamble to the Constitution, the Bill ofRights, and Lincolns Second Inaugural Address) for theirthemes, purposes, and rhetorical features.
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The process by which the Supreme Court has used the
due process clause of the 14th Amendment to apply theBill of Rights against state governments is known as:
Guaranteeing Rights
1. incorporation
2. federalization
3. privileges and immunities
4. naturalization
5. Not sure
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6
Incorporation Unit, p. 187
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Incorporation:
the application
of parts of the Bill of Rights
to the states
through the Due ProcessClause of the
Fourteenth Amendment
The Bill of Rights and Incorporation
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The Bill of Rights and Incorporation, p. 187
Justice Hugo Black argued for totalincorporation:
The words No State shall make orenforce any law which shall abridgethe privileges or immunities ofcitizens of the United States seem tome an eminently reasonable way ofexpressing the idea that henceforththe Bill of Rights shall apply to the
States. (p. 230) Justice Hugo Black,(concurring) Duncan v. Louisiana(1968)
However, the Court took the path of
selective incorporation.
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9
Incorporation Unit
Key Terms, p. 190
Background Essay, p. 191
Flow Chart, p. 193
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10
Incorporation Unit
GraphicOrganizers
for classactivities& guided
practice
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Questions, p. 193
Is an essential or fundamental right being denied by a state?Is incorporating the only way to ensure the right will be
protected?
If the answer to both questions is YESthe FourteenthAmendment is used to incorporate the concept and applyit to the states to protect a fundamental right.
The Bill of Rights and Incorporation
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Read the background essay for Lesson 1, pp. 191-192.
Review student activities on pp. 193-195.Discuss with a partnerhow would these activities work for
your students?Read the background essay for Lesson 2, pp. 198-199.
Review student activities on pp. 200-202.Discuss with a partnerhow would these activities work foryour students?
The Bill of Rights and Incorporation
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Early Incorporation CasesYear Case Amendment/
Fundamental Right1897 Quincy Railway Co. v. Chicago 5th -takings clause
1925 Gitlow v. New York 1st -political speech
1931 Near v. Minnesota 1st -press
1937 DeJonge v. Oregon 1st -peacefulassembly/petition
1940 Cantwell v. Connecticut 1st -free exercise ofreligion
1947 Everson v. Board of Education 1st -establishment ofreligion
1948 In re Oliver 6th-public trial
1949 Wolf v. Colorado 4th-search and seizure
1958 NAACP v. Alabama 1st-freedom of association
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Later Incorporation CasesYear Case Amendment/ Fundamental Right
1961 Mapp v. Ohio 4thexclusionary rule1962 Robinson v. California 8th -cruel & unusual punishment
1963 Gideon v. Wainwright 6th -right to counsel in all felony cases
1964 Malloy v. Hogan 5th -self-incrimination
1965 Pointer v. Texas 6th -confront witnesses1965 Griswold v. Connecticut Penumbra of 1,3,4,5- privacy
1966 Parker v. Gladden 6th- impartial jury
1967 Klopfer v. N. Carolina 6th -speedy trial
1967 Washington v. Texas 6th-compulsory process to obtain witnesses
1968 Duncan v. Louisiana 6th -jury trial in non-petty cases
1969 Benton v. Maryland 5th -double jeopardy
1972 Argersinger v. Hamlin 6th-counsel in all criminal cases involving jail term
2010 McDonald v. Chicago 2nd-individual right to handguns
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The process by which the Supreme Court has used the
due process clause of the 14th Amendment to apply theBill of Rights against state governments is known as:
Guaranteeing Rights
1. incorporation
2. federalization
3. privileges and immunities
4. naturalization
5. Not sure
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We WantYOU
To use ourcurriculum
To let us know howthese resources work
in your classroom
To pilot or evaluate
our curriculum