Bill of Rights & Selective Incorporation
Applying parts of the Bill of Rights to the states through the 14th Amendment.
What is selective incorporation?
Clause that forbids government from sponsoring or favoring a religion.
What is the Establishment Clause?
Student armbands protesting war are protected absent substantial disruption.
What is Tinker v. Des Moines (1969)?
Amendment protecting the right to keep and bear arms.
What is the Second Amendment?
Foundational document where MLK Jr. defends nonviolent direct action.
What is “Letter from a Birmingham Jail”?
The 14th Amendment clause most used to incorporate rights.
What is the Due Process Clause?
Clause that prevents government from stopping religious practices.
What is the Free Exercise Clause?
WWI draft-leaflet case creating the “clear and present danger” standard.
What is Schenck v. United States (1919)?
Amendment that protects against cruel & unusual punishment and excessive fines.
What is the Eighth Amendment?
Case declaring segregated public schools inherently unequal.
What is Brown v. Board of Education (1954)?
In 1791, the Bill of Rights chiefly limited this level of government.
What is the national (federal) government?
Case striking down state-written prayer in public schools.
What is Engel v. Vitale (1962)?
Non-verbal actions like flag-burning, sit-ins, and armbands.
What is symbolic speech?
Case guaranteeing counsel for indigent defendants in state felony trials.
What is Gideon v. Wainwright (1963)?
Landmark law banning discrimination in public accommodations and employment.
What is the Civil Rights Act of 1964?
The Supreme Court case that incorporated the Second Amendment against the states.
What is McDonald v. Chicago (2010)?
Case allowing Amish families to withdraw children from high school for religious reasons.
What is Wisconsin v. Yoder (1972)?
Government may not restrain publication of the Pentagon Papers in advance.
What is prior restraint barred in New York Times Co. v. United States (1971)?
2015 law curbing bulk phone “metadata” collection, boosting privacy.
What is the USA FREEDOM Act?
Law expanding federal oversight of elections; boosted Black voter participation.
What is the Voting Rights Act of 1965?
A clear divide/separation between church & state as said by Jefferson.
What is the "Wall of Separation"?
Test once used to judge establishment issues; struck “excessive entanglement” in state funding of religious schools.
What is the Lemon Test (Lemon v. Kurtzman)?
False statements harming reputation; protected media needs “breathing space” to avoid constant lawsuits.
What is libel (and the “breathing space” principle)?
Abortion decision grounded in privacy at the time.
What is Roe v. Wade (1973)?
Standard for race-based policies under Equal Protection: needs a compelling interest and narrow tailoring.
What is strict scrutiny?