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Created with Fabric.js 1.4.5 Selective Incorporation Selective Incorporation Selective Incorporation Court Cases Supreme Court unanimously ruled that state courts are required under the Fourteenth Amendment to provide counsel in criminal cases for defendants who are unable to afford to pay their own attorneys, extending the identical requirement made on the federal government under the Sixth Amendment. Gideon v. Wainwright (1963) The Supreme Court agreed with the District Court and found the Pennsylvania prayer statue unconstitutional, according to the First Amendment's Establishment Clause that "has been wholly made applicable to the states by the Fourteenth Amendment." Abington School District v. Schempp (1963) Mrs. Griswold gave counsel to marital couples that wished to use birth control that was apparently against a Connecticut statute. Result: Marital couples have the right to privacy implied by a few amendments of the Bill of Rights. The statue therefore is unconstitutional. "right to privacy" = 1st, 3rd, 4th, 8th, and 14th Griswold v. Connecticut (1965) How does selective incorporation limit the power of the states? Certain guarantees in the Bill of Rights have been incorporated to limit state action as well as federal action. How does the 14th amendment limit state powers? How does the 14th amendment limit state powers? Forbids any state to "deny to any person within its jurisdiction the equal protection of the laws" States shall not make or enforce any law which shall abridge the privileges or imunities of citizens of the United States Nor shall any State deprives any person of life, liberty, or property, without due process of law
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