AP Gov selective incorporation study guide
A study guide for AP Government on selective incorporation, focusing on key cases, concepts, and the application of the 14th Amendment to the Bill of Rights.
Quiz(32 questions)
1. What case established the 'exclusionary rule' at the state level?
Terms in this Study Set(32)
Key Concepts of Selective Incorporation(16)
What is selective incorporation?
The process by which the Supreme Court applies the Bill of Rights to the states through the Fourteenth Amendment's Due Process Clause.
True or False: Selective incorporation applies all Bill of Rights amendments to states.
False. Only certain rights have been selectively incorporated based on cases brought before the Supreme Court.
Fill in the blank: The __________ Amendment is used for selective incorporation.
Fourteenth
Cause of selective incorporation?
Ensures that states cannot infringe on individual rights guaranteed by the federal Constitution.
What are the two clauses in the Fourteenth Amendment relevant to incorporation?
Due Process Clause and Equal Protection Clause.
Historical context of selective incorporation?
Emerges post-Civil War, aimed at protecting individual rights against state infringement.
How does selective incorporation differ from total incorporation?
Selective incorporation applies only some rights, while total incorporation would apply all rights in the Bill of Rights to the states.
Example of selective incorporation in action?
The case of Gitlow v. New York (1925) incorporated freedom of speech.
True or False: The Second Amendment has been selectively incorporated.
True. District of Columbia v. Heller (2008) affirmed individual gun ownership rights.
Which amendment protects against self-incrimination?
Fifth Amendment.
How did the Supreme Court extend the right to counsel?
In Gideon v. Wainwright (1963), the Court ruled that states must provide attorneys for defendants who cannot afford one.
Comparison: Due Process vs. Equal Protection.
Due Process: Fair legal proceedings. Equal Protection: No discrimination under the law.
What landmark case incorporated the First Amendment's free exercise clause?
Employment Division v. Smith (1990) shaped how states regulate religious practices.
Term: Fundamental Rights.
Rights considered essential to the order of liberty and thus protected from government interference.
Effect of selective incorporation on state laws?
States must adhere to certain federal standards regarding individual rights.
Which Supreme Court case first applied selective incorporation?
Chicago, Burlington & Quincy Railroad Co. v. Chicago (1897) incorporated the Takings Clause.
Landmark Supreme Court Cases(16)
What case incorporated the First Amendment's free speech clause?
Schenck v. United States (1919) - Established 'clear and present danger' test.
Which case incorporated the Second Amendment?
McDonald v. City of Chicago (2010) - Ruled that the right to keep and bear arms is applicable to the states.
True or False: The 14th Amendment applied the Bill of Rights to the states.
True - The 14th Amendment's Due Process Clause allows selective incorporation.
Fill in the blank: ______ v. Connecticut (1965) incorporated the right to privacy.
Griswold v. Connecticut - Established marital privacy rights.
What landmark case incorporated the Fourth Amendment?
Mapp v. Ohio (1961) - Established the exclusionary rule at state level.
Cause → Effect: What case led to the incorporation of the Sixth Amendment's right to counsel?
Gideon v. Wainwright (1963) - States are required to provide counsel in criminal cases.
Which case involved selective incorporation and the Eighth Amendment?
Roper v. Simmons (2005) - Death penalty for minors unconstitutional under cruel and unusual punishment.
Comparison: Mapp v. Ohio vs. Weeks v. United States
Mapp v. Ohio applied exclusionary rule to states; Weeks applied it to federal government.
What case established the right to a public trial?
Gideon v. Wainwright (1963) - Incorporated the right to counsel in state courts.
True or False: The right to bear arms was never incorporated.
False - McDonald v. City of Chicago confirmed incorporation of the Second Amendment.
What case addressed free exercise of religion?
Employment Division v. Smith (1990) - Allowed law to restrict religious practices.
Which case incorporated the right against self-incrimination?
Miranda v. Arizona (1966) - Established Miranda rights for suspects.
Fill in the blank: The case of ______ v. New Jersey (1947) incorporated freedom of religion.
Everson v. Board of Education - Upheld the separation of church and state.
Comparison: Roe v. Wade vs. Planned Parenthood v. Casey
Roe established a woman's right to choose; Casey affirmed and modified Roe's framework.
What case concerned the First Amendment's establishment clause?
Lemon v. Kurtzman (1971) - Established the Lemon test for government aid to religious schools.
Cause → Effect: What case resulted in the incorporation of the First Amendment's free press?
New York Times Co. v. Sullivan (1964) - Established actual malice standard for press.
Questions in this Study Set(32)
1. What case established the 'exclusionary rule' at the state level?
2. What does selective incorporation primarily protect citizens from?
3. Which case determined that the right to bear arms is applicable to the states?
4. Which amendment's clause is crucial for the process of selective incorporation?
5. True or False: The right against self-incrimination is protected in state courts.
6. True or False: All rights in the Bill of Rights are incorporated to the states through selective incorporation.
7. Which case laid the foundation for the right to privacy?
8. Which of the following cases is an example of selective incorporation?
9. Which case established the 'Lemon test' for government aid to religious schools?
10. What is the primary difference between selective incorporation and total incorporation?
11. What case ruled that states must provide counsel in criminal cases?
12. Which clause of the Fourteenth Amendment is used to challenge state laws?
13. Which case upheld the separation of church and state by incorporating freedom of religion?
14. What historical context led to the emergence of selective incorporation?
15. Which case confirmed that the death penalty for minors is unconstitutional?
16. Which right is protected under the First Amendment?
17. Which case involved the application of the First Amendment's free speech clause?
18. Which of the following amendments has NOT been selectively incorporated?
19. What case established the 'actual malice' standard for press cases?
20. Which landmark case first applied selective incorporation to a state law?
21. Which case ruled on the regulation of religious practices?
22. What does the Equal Protection Clause of the Fourteenth Amendment ensure?
23. True or False: The right to a public trial is guaranteed by the Sixth Amendment.
24. Which case incorporated the First Amendment's free exercise clause?
25. Which case addressed the right to privacy in the context of abortion?
26. How did Gideon v. Wainwright (1963) impact state laws?
27. Which case determined that the government could not prohibit the display of obscene materials under the First Amendment?
28. Which amendment prevents self-incrimination?
29. What case ruled that the state could not require a moment of silence for voluntary prayer in schools?
30. What is the impact of selective incorporation on state laws?
31. Which case incorporated the Sixth Amendment's right to a jury trial in state courts?
32. Which of the following statements best describes the effect of selective incorporation on state laws?
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