Selective Incorporation 2021-2022

Selective Incorporation is

• the application of the Bill of Rights to the states on a case by case basis

• the governments power to regulate corporations

• the extension of judicial review to state courts

• the interpretation of the commerce clause

Justice Cardozo argues that certain rights protected at the federal level also apply at the state level through the Fourteenth Amendment.

Which clause is used to support Cardozo's argument?

• The equal protection clause

• The establishment clause

• The privileges or immunities clause

• The due process clause

“The District’s total ban on handgun possession in the home amounts to a prohibition on an entire class of “arms” that Americans overwhelmingly choose for the lawful purpose of self-defense.” - Associate Justice Scalia, majority opinion in D.C. vs Heller

In its D.C. vs Heller ruling, the Court struck down a handgun ban in Washington, D.C.

In which Supreme Court ruling was the Second Amendment right to bear arms first incorporated to the states?

• McDonald v. Chicago

• Gideon v. Wainwright

• Tinker v. Des Moines

• Roe v. Wade

In 1961, Clarence Earl Gideon stood trial in Florida, accused of robbing a pool hall. Gideon was poor and could not afford a lawyer. He requested that the court provide one for him, but Florida only provided lawyers for defendants accused of capital offenses. The Supreme Court decided to throw out the conviction because lawyers were necessary to ensure a fair trial. The Court ruled that states must provide counsel to defendants too poor to afford lawyers or they are violating the constitutional right to legal counsel.

Which of the following statements best explains the impact of this decision?

• It enhanced the state’s power to refuse to provide legal counsel in some felony cases

• It applied the Sixth Amendment to the federal government through total incorporation

• It limited the state’s power to convict someone who was poor or mentally ill

• It applied the Sixth Amendment to the states through the incorporation doctrine

In 1961, the Supreme Court heard a case in which the police entered into a residence without a warrant looking for a suspect thought to be hiding in the house. While searching for the suspect, the police found illegal pornographic material. The police arrested the homeowner and she was convicted in state court of possessing pornography. The Court decided to throw out the conviction because the police did not produce a search warrant, violating the right of the accused to be protected against an unreasonable search and seizure.

Which of the following constitutional provisions does the case described in the scenario have in common with McDonald v. Chicago (2010)?

• The establishment clause

• The due process clause

• The equal protection clause

• The free exercise clause

Which of the following constitutional provisions does the Gideon have in common with McDonald v. Chicago (2010)?

• The due process clause

• The establishment clause

• The free exercise clause

• The equal protection clause

In 1961, the Supreme Court heard a case in which the police entered into a residence without a warrant looking for a suspect thought to be hiding in the house. While searching for the suspect, the police found illegal pornographic material. The police arrested the homeowner and she was convicted in state court of possessing pornography. The Court decided to throw out the conviction because the police did not produce a search warrant, violating the right of the accused to be protected against an unreasonable search and seizure.

Which of the following statements best explains the impact of this decision?

• It enhanced the state’s power to conduct searches and seizures without a warrant

• It applied the Fourth Amendment to the federal government through total incorporation

• It limited state power to conduct legal searches and seizures in all cases involving free speech or press

• It applied the Fourth Amendment to the states through the incorporation doctrine

Which statement accurately summarizes the impact of the McDonald v. Chicago (2010) decision?

• It required that each state institute stricter background checks and inform the federal government of all handgun purchases

• It restricted the state from denying any person a gun if they wanted it for self-defense

• It increased the state’s power to ban handguns to protect the public from gun violence

• It incorporated an individual’s right to bear arms for self-defense and made it apply to state and local governments

The national government must observe fair procedures when depriving a person of life, liberty, or property according to the...

• Due Process Clause, 14th Amendment

• Due Process Clause, 5th Amendment

• Extradition Clause

• Elastic Clause

State governments must observe the fair procedures of the 5th amendment [denying or depriving life, liberty, or property] according to the...

• Equal protection Clause, 14th Amendment

• Due Process, 14th Amendment

• Ex Post Facto Clause

• Preamble