Teachers can use this lesson as a supplemental resource in their federalism unit, their Supreme Court unit, or their civil rights and civil liberties unit to help students understand how some rights apply to the states and others don’t. This lesson includes a video from Sal in which he describes the basic concept of selective incorporation, a video about McDonald v. Chicago in which Kim interviews Alan Gura and Elizabeth Wydra about the facts and outcome of the case, and practice questions aligned to the new AP Government and Politics exam.
Dialogue on the Fourteenth Amendment
The American Bar Association Dialogue program provides lawyers, judges and teachers with the resources they need to engage students and community members in a discussion of fundamental American legal principles and civic traditions. This Dialogue on the Fourteenth Amendment is composed of three parts:
Part 1: Equal Protection and Civil Rights – Participants discuss the equal protection clause of the 14th Amendment and consider how Congress, through federal legislation, has worked to help realize its constitutional promise.
Part 2: Incorporating the Bill of Rights examines the concept of incorporation. Using a case study of Gitlow v. New York, this section provides a guide to how courts have applied the Bill of Rights, selectively, to the states using the 14th Amendment.
Part 3: Ensuring Equality and Liberty explores how the 14th Amendment has been interpreted by courts to protect fundamental freedoms, including individuals’ right to marry.
Landmark Supreme Court Cases – Incorporation
From the first days of American history until today, the Supreme Court has been pivotal in interpreting the Constitution and shaping America’s constitutional republic. Read summaries of the majority ruling in landmark Supreme Court cases that have had an impact on our rights as citizens.
Classifying Arguments Activity: Timbs v. Indiana
Classifying Arguments is a SCOTUS case study strategy in which students are given arguments from each side of a case and tasked with identifying whether each argument supports the petitioner or the respondent. In this classroom-ready activity, students will examine arguments from Timbs v. Indiana, a case about selective incorporation, the Eighth Amendment’s Excessive Fines Clause, and civil asset forfeiture. An answer key is also available for download.
Timbs v. Indiana (2019)
Is the Eighth Amendment’s Excessive Fines Clause incorporated against the states under the 14th Amendment? This case summary shows how the Supreme Court answered this question in 2019.