Selective Incorporation - AP US Government and Politics
- Which case incorporated the right to an impartial jury?
- Parker v. Gladden. Applied Sixth Amendment impartial jury requirement to state criminal trials.
- Which case incorporated the prohibition against quartering soldiers?
- Not incorporated. Third Amendment quartering protection rarely applied in modern context.
- Which case incorporated the freedom of assembly?
- De Jonge v. Oregon. Applied First Amendment assembly rights to state government restrictions.
- Identify the case that incorporated the right to compulsory process.
- Washington v. Texas. Applied Sixth Amendment right to compel witness testimony in state trials.
- Which case incorporated the right to counsel in criminal cases?
- Gideon v. Wainwright. Established Sixth Amendment right to attorney applies in state courts.
- What Supreme Court case first applied selective incorporation?
- Gitlow v. New York (1925). First case to apply First Amendment free speech protections to states.
- Which case incorporated the right to a public trial?
- In re Oliver. Applied Sixth Amendment public trial requirement to state court proceedings.
- Which case incorporated the protection against excessive fines?
- Timbs v. Indiana. Applied Eighth Amendment excessive fines protection to state government actions.
- Which case incorporated the protection against cruel and unusual punishment?
- Robinson v. California. Applied Eighth Amendment punishment restrictions to state criminal justice systems.
- Which case incorporated the right to protection against bills of attainder?
- Not necessary; applies inherently. Constitutional prohibition applies directly to all governments without incorporation.
- What is the significance of the Due Process Clause in selective incorporation?
- It is the legal basis for applying Bill of Rights to states. Due Process Clause provides constitutional mechanism to apply rights to states.
- Which case incorporated the right to a jury trial in criminal cases?
- Duncan v. Louisiana. Applied Sixth Amendment criminal jury trial right to state courts.
- Which case incorporated the right to remain silent?
- Miranda v. Arizona. Applied Fifth Amendment self-incrimination protections to state cases.
- Identify the case that incorporated the right to bear arms.
- McDonald v. City of Chicago. Applied Second Amendment individual gun rights to state governments.
- Which case incorporated the right to privacy in marital relations?
- Griswold v. Connecticut. Established privacy right in marital relationships against state interference.
- What rights are protected by the incorporation doctrine?
- Most Bill of Rights protections. Nearly all Bill of Rights provisions now apply to state governments.
- Which case incorporated the right to a speedy trial?
- Klopfer v. North Carolina. Applied Sixth Amendment speedy trial guarantee to state court systems.
- What is selective incorporation in U.S. constitutional law?
- Application of Bill of Rights to states via 14th Amendment. Uses 14th Amendment's Due Process to make Bill of Rights binding on states.
- Identify the case that incorporated protections against self-incrimination.
- Miranda v. Arizona. Applied Fifth Amendment protection against forced self-incrimination to states.
- What is the test used to determine incorporation called?
- Fundamental rights test. Courts determine if rights are fundamental to ordered liberty concept.
- Which amendment is central to the concept of selective incorporation?
- 14th Amendment. Contains Due Process Clause used as basis for selective incorporation.
- Identify the case that incorporated the right against double jeopardy.
- Benton v. Maryland. Applied Fifth Amendment double jeopardy protection to state prosecutions.
- Which case incorporated the right to protection from eminent domain abuses?
- Chicago, Burlington & Quincy Railroad v. City of Chicago. Applied Fifth Amendment takings compensation requirement to state governments.
- Which case incorporated the right to a trial by jury in state courts?
- Duncan v. Louisiana. Applied Sixth Amendment jury trial right to serious state criminal cases.
- Which case incorporated the right to protection against ex post facto laws?
- Not necessary; applies inherently. Constitutional prohibition applies directly to all governments without incorporation.
- What is the purpose of the Equal Protection Clause related to incorporation?
- Prevent state discrimination in applying rights. Ensures states cannot selectively deny constitutional protections to individuals.
- Which case incorporated the protection against unreasonable search and seizure?
- Mapp v. Ohio. Applied Fourth Amendment protections and exclusionary rule to state law enforcement.
- Identify the case that incorporated the right to assistance of counsel.
- Gideon v. Wainwright. Applied Sixth Amendment counsel right to all serious state criminal cases.
- Which case incorporated the right to habeas corpus?
- Not necessary; applies inherently. Constitutional right applies directly without need for incorporation doctrine.
- Which case incorporated the freedom of religion?
- Cantwell v. Connecticut. Applied First Amendment religious freedom to state government actions.
- Which case incorporated the freedom of the press?
- Near v. Minnesota. Applied First Amendment press freedoms against state prior restraint.
- Which case incorporated the prohibition of cruel and unusual punishment?
- Robinson v. California. Applied Eighth Amendment cruel punishment ban to state criminal justice.
- Identify the case that incorporated the right to confront witnesses.
- Pointer v. Texas. Applied Sixth Amendment confrontation right to state criminal trials.
- Which case incorporated the right to free speech to the states?
- Gitlow v. New York. Applied First Amendment speech protections to state governments for first time.
- Which case incorporated the right to be free from unreasonable searches?
- Mapp v. Ohio. Applied Fourth Amendment search protection and exclusionary rule to states.