Define the intent of the 14th Amendment. Specifically, state how the passage of the 14th Amendment relates to Dred Scott v. Sanford (1857) and Barron v. Baltimore (1833). Why was the 14th Amendment necessary in contrast to the holdings of these two cases?
Explain how the Supreme Court has interpreted the Fourteenth Amendment to apply the Bill of Rights to the states (total or selective incorporation). In your answer, briefly discuss how the Court’s intent (not decision) in Gitlow v. New York (1925) and Palko v. Connecticut (1937) has influenced the inclusion of rights to be incorporated into the states.
Select a right that has been incorporated into the states and briefly argue the legal reason’s why the Supreme Court defined the right as fundamental.