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Incorporation Doctrine
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Flashcards
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Second Amendment
The Second Amendment's right to bear arms has been incorporated against the states via the Fourteenth Amendment as decided in McDonald v. City of Chicago.
Sixth Amendment
The Sixth Amendment's right to a fair trial, including a speedy and public trial, an impartial jury, and the right to counsel, has been incorporated to the states through the Fourteenth Amendment.
First Amendment
Through the Fourteenth Amendment's Due Process Clause, First Amendment rights such as freedom of speech, press, religion, assembly, and petition are applicable to states.
Fourth Amendment
The Fourth Amendment's protection against unreasonable searches and seizures was incorporated to apply to the states by the Fourteenth Amendment, particularly through Mapp v. Ohio.
Fifth Amendment
The Fourteenth Amendment incorporates several key provisions of the Fifth Amendment against the states, such as protection against double jeopardy, self-incrimination, and the requirement for a grand jury indictment in serious offenses.
Seventh Amendment
The Seventh Amendment's right to a jury trial in civil cases has been only partially incorporated through the Fourteenth Amendment and does not fully apply to the states.
Tenth Amendment
The Tenth Amendment's principle that powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states or the people, does not require incorporation as it inherently affirms state sovereignty.
Fourteenth Amendment
The Fourteenth Amendment itself serves as the vehicle for the incorporation of most Bill of Rights protections against the states, ensuring equal protection, due process, and the privileges or immunities of citizenship.
Eighth Amendment
The Eighth Amendment's prohibition of cruel and unusual punishment has been incorporated against the states through the Fourteenth Amendment, influencing state penal practices and death penalty laws.
Ninth Amendment
The Ninth Amendment's provision that the enumeration of certain rights in the Constitution shall not be construed to deny others retained by the people has not been fully incorporated; its application against states remains abstract and less defined.
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