Incorporation+Cases+-+14th+Amendment

=Fourteenth Amendment and "Incorporation" =

The 14th Amendment was ratified in 1868, stating national citizenship and forbidding the states to restrict the basic rights (Bill of Rights) of citizens or other persons.

//Barron v Baltimore//

 * Facts of the CaseCourt's Decision
 * John Barron was co-owner of a profitable wharf in the harbor of Baltimore.
 * As the city started to develop, a substantial amount of sand accumulated in the harbor, depriving Barron of deep waters which was the key to his successful business.
 * He, in turn, sued the city of Baltimore to recover for his financial losses.
 * The charge was based off the 5th Amendment, stating that the government must pay the owner of the private property if they will affect it.
 * Barron was paid off a little bit.
 * The decision was that Chief Justice Marshall found that the limitations on government said in the Fifth Amendment were **specifically** intended to limit the powers of the national government, and did not apply to states.
 * Impact
 * The case's impact was that it limited civil rights and liberties an individual. It allowed states to do whatever they want with private property, resulting in an owner not having meanings to have security over their property.
 * The case's impact was that it limited civil rights and liberties an individual. It allowed states to do whatever they want with private property, resulting in an owner not having meanings to have security over their property.

//Gideon v Wainwright//
 * Facts of the Case
 * Gideon was charged in a Florida state court with a felony for breaking and entering.
 * He had no money and was not able to afford a lawyer to prepare for his defense.
 * When he requested the court for an attorney, the court denied, saying that it was only obligated to appoint counsel to defendants in capital cases.
 * Gideon defended himself in the trial, but was convicted by a jury and the court sentenced him to five years in a state prison.
 * Court's Decision
 * The decision was that Gideon had a right to be represented by a court-appointed attorney, overruling its 1942 decision of //<span style="font-family: Tahoma,Geneva,sans-serif;">Betts v. Brady //.
 * The court found that the 6th Amendment (right to counsel) was a "fundamental right," which should be made applicable to the states through the Due Process Clause of the 14th Amendment--incorporation.
 * <span style="font-family: Tahoma,Geneva,sans-serif;">Impact
 * <span style="font-family: Tahoma,Geneva,sans-serif;">The case increased an individual's civil rights and liberties. The right to counsel was limited to defendants before, but this case guaranteed that every defendant in every state has a lawyer appointed to them.

<span style="color: #808000; font-family: Tahoma,Geneva,sans-serif;">//Gitlow v New York//
 * <span style="font-family: Tahoma,Geneva,sans-serif;">Facts of the Case
 * Gitlow was arrested for handing out copies of a "left-wing manifesto" that called for the establishment of socialism through strikes and class action of any form.
 * He was convicted under a state criminal anarchy law that punished advocating the overthrowing of the government by force.
 * At the trial, Gitlow argued that because there was no action caused from the manifesto's publication, the statute penalized for no reason without concrete action.
 * The NY courts decided that anyone who advocated the doctrine of violent revolution violated the law.
 * <span style="font-family: Tahoma,Geneva,sans-serif;">Court's Decision
 * The court's decision was that Gitlow was unreasonably denied the freedom of press. Because of the Due Process clause of the 14th Amendment (incorporation) freedom of speech applies to the states also, the court ruled in favor of Gitlow.
 * <span style="font-family: Tahoma,Geneva,sans-serif;">Impact
 * Incorporation was the main impact because individuals are guaranteed more freedoms by the states.