Logo
Pattern

Discover published sets by community

Explore tens of thousands of sets crafted by our community.

Incorporation Doctrine

10

Flashcards

0/10

Still learning
StarStarStarStar

Second Amendment

StarStarStarStar

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.

StarStarStarStar

Sixth Amendment

StarStarStarStar

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.

StarStarStarStar

First Amendment

StarStarStarStar

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.

StarStarStarStar

Fourth Amendment

StarStarStarStar

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.

StarStarStarStar

Fifth Amendment

StarStarStarStar

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.

StarStarStarStar

Seventh Amendment

StarStarStarStar

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.

StarStarStarStar

Tenth Amendment

StarStarStarStar

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.

StarStarStarStar

Fourteenth Amendment

StarStarStarStar

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.

StarStarStarStar

Eighth Amendment

StarStarStarStar

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.

StarStarStarStar

Ninth Amendment

StarStarStarStar

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.

Know
0
Still learning
Click to flip
Know
0
Logo

© Hypatia.Tech. 2024 All rights reserved.