Discuss the following questions with the entire class:
Which rights listed in the Bill of Rights have not been incorporated? Why?
Would your conscience be “shocked” if some rights listed in the Bill of Rights were denied you by your state government? Which rights are those?
Are those rights fundamental freedoms?
Which list of fundamental freedoms is longer, yours or the Supreme Court’s (as indicated by the rights that have been incorporated)? How do you account for the differences? Is your list too long? Is the Court’s too short?
Looking at Handout D, do you observe any patterns in the cases; e.g. types of issues decided? when they were decided? amendments which were referenced?
Have students choose one of the rights that is not incorporated and write a “Letter to the Editor” either opposing or supporting incorporation.
Their letter should include an explanation of why the right is/is not a fundamental freedom, and why it would be better for the citizens of their state if the right were/were not incorporated.