Objective: Explain the implications of the doctrine of selective incorporation.
Starter: What percentage of Americans would like to see Roe v. Wade overturned?
1.How accurate was your prediction?
2.Are you surprised by the results?
3.A recent poll indicates that 49% of Americans are pro-life, claiming abortion is morally wrong, while only 46% are pro-choice. Considering these numbers, why might only 28% of Americans favor overturning Roe v. Wade?
4.Should states be able to place regulations on speech, guns, abortion, etc.?
5.How do you think where you live influences the number of abortions performed?
Recap: Explain how the Supreme Court has attempted to balance claims of individual freedom with laws and enforcement procedures that promote public order and safety.
Review: Do the rulings of the Supreme Court show a preference for liberty or order? Pick a side and explain two cases that support your response.
Practice Question
Quiz Today!
Selective Incorporation
Protections of the Bill of Rights have been selectively incorporated by way of the Fourteenth Amendment’s due process clause to prevent state infringement of basic liberties. This has been a gradual process.
2AB 4B
2AB 4B
Project: SCOTUS Case in a Box
You will research a landmark Supreme Court case and create a “Landmark Case Box” by bringing in tangible artifacts to represent that case. For example, if your assigned case was Texas v. Johnson (flag burning is protected free speech), you might choose to include a flag, a picture of Reagan, an EMPTY match book (some of these are sensitive issues, if you have to make a judgment call about the appropriateness of an object, you need to run it by Jacobson ahead of time), a typed or handwritten copy of the First Amendment, etc. You will present your case and box to the class. You will work in pairs on this project. Here are the requirements for the presentation:
- You must have at least eight objects in your box. These objects must relate to the case you’re assigned. I recommend using an empty cereal box.
- You must cover and then decorate the outside of your box with illustrations, words/phrases/constitutional clauses, photos, etc., that relate to your case. You must complete a Landmark Supreme Court Case chart with information about your case.
- Glue the chart to one side of the box and use it as a prompt when you present your case to the class. Your classmates will fill in their blank graphic organizers (one for each of the 9 cases) based on the information you present in class.
- You must present the contents of your box to the class. Show each item in the box and explain why it was significant to your case. Be prepared to answer questions from your audience about the case.
- List of Landmark Supreme Court cases:
- Brown v. Board of Education (equal protection under the law)
- Engel v. Vitale (establishment of religion)
- Gideon v. Wainwright (right to counsel)
- McDonald v. Chicago (right to bear arms)
- New York Times v. United States (prior restraint)
- Roe v. Wade (abortion)
- Schenck v. United States (clear and present danger)
- Tinker v. Des Moines (symbolic speech)
- Wisconsin v. Yoder (free exercise of religion)
On Deck
Next Topic: Due Process and the Rights of the Accused
Textbook: Read Section 4.6 pp. 109-121
Textbook: Read Section 4.6 pp. 109-121