After reading Chapter 4, “Civil Liberties,” in its entirety, focus specifically on the discussion of “the Bill of Rights: Origins and Evolution.” The Bill of Rights was written to secure our civil liberties with respect to the actions of the national government. With passage of the Fourteenth Amendment’s Due Process Clause, and subsequent judicial interpretation of its language, many of the protections in the Bill of Rights have been extended to protect individuals from state action (a process referred to as “incorporation”). Thus, just as the national government may not deprive us of our liberties without due process, the Fourteenth Amendment provides us with the same due process protection of our liberties from state government action. For over a century, and on a case-by-case, right-by-right, basis, the Court has been “incorporating” rights from the Bill of Rights into the Due Process Clause of the Fourteenth Amendment. Include the following:
•Provide an understanding of the origins of the Bill of Rights.
•Explain the Court’s original ruling of nationalization of the Bill of Rights, as expressed in Barron v. Baltimore (1833).
•Define incorporation theory.
•Describe the Court’s implementation of incorporation (nationalization) of the Bill of Rights.
•Provide your perspective on incorporation; do you believe the Court has made the rights decision by interpreting the Due Process Clause of the Fourteenth Amendment to limit state action with regard to individual liberties that are expressed in the Bill of Rights?