EXAMPLE (check the notes

below presentation)

GROUP TITLE SLIDE

Barron v. Baltimore (1833)

• By student name

Background to the case • John Barron owned

shipping wharf in Baltimore

• As Baltimore grew, sand accumulated & made wharf WORTHLESS –Sued city saying he should

be compensated for losses A WHARF

Arguments from either side • Barron

– Complained when sand accumulate near wharf due to city expansion which limited the access for most ships to his dock resulting in loss of revenue

– Sued the city AND won but later overturned ($4500)

• Baltimore – Not responsibility for normal

expansion issues

– This doesn’t involve just compensation from 5th amendment

What’s at Stake? • The Fifth Amendment

says, “nor shall private property be taken for public use, without just compensation.” –Barron wasn’t

compensated!!

THE PROBLEM Does the Fifth Amendment deny the states as well as the national government the right to take private property for public use without justly compensating the property's owner? Do amendments apply to states?

We already know they apply to the national government

Garner Student Guesses Supreme

Court decision

Does the Fifth Amendment deny the states as well as the national government the right to take private property for public use without justly compensating the property's owner? Do amendments apply to states?

The Ruling?

The Ruling • Amendments only apply to

Nat’l Gov’t, not states • Framers of Const. & Bill of

Rights were worried about too much nat’l power, not too much state power

• B/c Amendments don’t apply to states, Supreme Court has no business dealing w/ this case

• LET MARYLAND DEAL WITH IT

Case’s significance OR Short-Term Effect

• States NOT held accountable to any of Bill of Rights or other amendments…yet

The Long-Term Effect • People in states weren't

necessarily given rights enumerated in Bill of Rights.

• 90 years later overturned “Selective Incorporation” –Gitlow v. New York (1923)

Sources Cited…(example)

• MLA formatting

• Sources should include: –Oyez.org

–Content for Supreme Court cases

–Which search engine you used for images

Next presentation would start after

last with title slide

Gitlow v. New York (1925)

By Mr. McLeod

The Facts • Gitlow (socialist) passed out papers

calling for people create a socialist gov’t thru strikes, & other class based actions – Convicted under New York law against

anarchy which punished people trying to overthrow the gov’t by force

• Didn’t matter whether any person receiving his papers actually did anything

Can Gitlow speak?

Arguments from either side • Gitlow • New York

What’s at Stake? • Is New York violating the 1st

Amendment? • 1st Amendment: “Congress shall

make no law…abridging the freedom of speech.”

• THE PROBLEM Is the New York law punishing advocacy to overthrow the government by force an unconstitutional violation of the free speech clause of the First Amendment?

• Should the Court overturn Barron v. Baltimore?

Remember John Barron & his stupid wharf?

Garner Student Guesses Supreme

Court decision

Is the New York law punishing advocacy to overthrow the

government by force an unconstitutional violation of the

free speech clause of the First Amendment?

Should the Court overturn Barron v. Baltimore?

The Ruling?

Supreme Court Ruling • Because of “Due Process” & “Equal

Protection of the 14th Amendment, they DO apply to the states

• State CAN LIMIT Free Speech but only if it is directly leading to actions dangerous to public security

• In other words, the speech needs to be creating a “clear & present danger”

• So…What’s the deal with this 14th Amendment?

Case’s significance OR Short-Term Effect

• Starts “Selective Incorporation” of Bill of Rights using Equal Protections Clause of the 14th

The Long-Term Effect

• Selective incorporation (Bill of Rights) starts applying to states NOT just federal gov’t

Sources Cited…(example)

• MLA formatting

• Sources should include: –Oyez.org

–Content for Supreme Court cases

–Which search engine you used for images

Next presentation would start after

last with title slide

Discussion day • Submit 3-5 questions (why) that have to do

w/ your court case or topic that will stimulate deeper thinking (one question per student)

–Should some religions be outlawed?

–Should public funds be used for construction of religious prayer rooms

–Is religion legal?