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Lesson

The Fourteenth Amendment and Incorporation

Guiding question

How has the Fourteenth Amendment been used in U.S. History?

Duration
80 min
Grade
9–12
Published
Nov 5, 2020
Black and white photo of a steam locomotive pulling a passenger train on railway tracks.
The Bill of Rights, setting limitations on Congress, originally applied only to the national government. In the effort to protect individual rights of the freedmen, the Fourteenth Amendment was ratified in 1868. It differs from every previous amendment because it limits what state governments may do. Over the next seventy-five years, the Court’s use of the Fourteenth Amendment increased. It used the Due Process clause in that amendment to strike down many state laws and to selectively incorporate parts of the Bill of Rights into the Fourteenth Amendment so as to make them apply to states as well as the federal government. This practice, known as “incorporation,” increased the Supreme Court’s power to define rights for the entire Union, and reduced the power of the states as compared to federal power. It also reduced the power of Congress as opposed to the Supreme Court, to define which rights are properly constitutional. This changed the meaning of the Bill of Rights from a series of limits on government power to a set of rights belonging to the individual and guaranteed by the federal government.

Guiding Questions

  • How has the Fourteenth Amendment been used in U.S. History?
  • How has the process of incorporation increased the power of the Supreme Court and the federal government?
  • How has the Bill of Rights’ meaning changed with the adoption of the Fourteenth Amendment and the concept of incorporation?

Objectives

  • Students will analyze the language of the Fourteenth Amendment to understand its purpose and effects.
  • Students will explain how the Fourteenth Amendment increased federal power using the concept of incorporation.
  • Students will analyze cases in which the Fourteenth Amendment allowed for the U.S. government to use its new power to strike down state laws and expand the rights of citizens.

Materials

Educator Resources

Student Handouts

Lesson Components

ActivityPrimary Source: The Fourteenth Amendment, Section 1
ActivityHandout B: Digging into the Fourteenth Amendment
ActivityHandout C: The Founders, the Fourteenth Amendment, and Me
ActivityHandout D: Incorporation – Unintended Consequences Script
EssayEssay: The Fourteenth Amendment and Incorporation

The Bill of Rights, setting limitations on Congress, originally applied only to the national government. In the effort to protect individual rights of the freedmen, the Fourteenth Amendment was ratified in 1868. It differs from every previous amendment because it limits what state governments may do. Over the next seventy-five years, the Court's use of the Fourteenth Amendment increased. It used the Due Process clause in that amendment to strike down many state laws and to selectively incorporate parts of the Bill of Rights into the Fourteenth Amendment so as to make them apply to states as well as the federal government. This practice, known as "incorporation," increased the Supreme Court's power to define rights for the entire Union, and reduced the power of the states as compared to federal power. It also reduced the power of Congress as opposed to the Supreme Court, to define which rights are properly constitutional. This changed the meaning of the Bill of Rights from a series of limits on government power to a set of rights belonging to the individual and guaranteed by the federal government.

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Lesson plan

80 minClick a phase to open it

Key Terms

Bill of Rights
Natural Rights
First Amendment
Ninth Amendment
Fourteenth Amendment

Standards

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Related materials

Illustration of a legal setting with characters discussing incorporation, part of the Bill of Rights Institute series.
VideoIncorporation | BRI’s Homework Help

In this Homework Help narrative, learn about the constitutional principle of incorporation and its historic context. After the passage of the 14th Amendment, the Due Process Clause caused many national and state debates, leading to the idea of incorporation and the fundamental question of whether the Bill of Rights applies to states as well as the federal government. Has incorporating the Bill of Rights to apply to the states created greater liberty for Americans?

Close-up of a classical building facade with columns and a statue at the top, featuring the inscription "The True Administration of Justice."
Educator ResourceIncorporation

How has the Supreme Court incorporated the Bill of Rights to the States? The process of incorporation has played out over many years and through many cases. Explore these landmark cases to learn more.

Page displaying the Bill of Rights with the title "Incorporation" and subtitle "Bill of Rights for Real Life."
VideoBill of Rights For Real Life: Incorporation

These lessons investigate the Due Process Clause and Incorporation of the Bill of Rights against the states as provided by the 5th Amendment and 14th Amendment.

Black and white photo of six workers posing beside a steam locomotive.
LessonWhat is Incorporation?

The Fourteenth Amendment was originally written to ensure that freed slaves would be treated as citizens, but, in the twentieth century, the Supreme Court used the amendment's Equal Protection and Due Process Clauses to expand the protections provided in the Bill of Rights to the states. This concept of extending, called incorporation, means that the federal government uses the Fourteenth Amendment and the Bill of Rights to address limitations on liberty by states against their citizens. This lesson explores the significance of this amendment and incorporation and its effects on our constitutional structure.