Review the clauses of the 14th Amendment.
Questions to think about before answering:
1. What is he concept/theory of Due Process and why is it required under the 14th?
2. What did the Supreme Court discover in Gitlow v. New York?
3. Review the Palko Test established in Palko v. Connecticut.
1-How do the Supreme Court holdings in Gitlow and Palko establish the need for Incorporation? (facts of the case are not necessary, but can be included)
2-Using the theories of Due Process and the clauses of the 14th Amendment, how does the Supreme Court know which rights must be incorporated into the states?