Selective incorporation is used by the Court to protect against the abridgement of ________ (the Fantastic Four knows the answer) at the state level.
Fundamental Freedoms
100
This prohibits state mandated prayer in schools
Engel v Vitale
100
This speech was at stake in Tinker v. Des Moines Independent Community School District
Symbolic
100
This case incorporated the Second Amendment.
McDonald v. City of Chicago
200
This makes clear the Bill of Rights' listing of rights does not mean other rights do not exist.
Ninth Amendment
200
The rationale for selective incorporation was set forth in this case.
Palko v. Connecticut
200
This ruled state-mandated Bible reading or recitation of the Lord's Prayer in public schools are unconstitutional.
Abington School District v. Schempp
200
This is false written statements. You might confuse it with false spoken statements.
Libel, Slander
200
This amendment protects citizens from unreasonable searches and seizures.
Fourth Amendment
300
This says those rights not delegated to the national government are reserved to the states or to the people.
Ninth Amendment
300
The freedom of religion in the First Amendment is broken into two parts.
Establishment
Exercise
300
What is prohibition of speech or publication before the fact?
Prior restraint
300
This case held there could be a finding of libel against a public official only if "actual malice" or a knowing disregard for the truth was shown
New York Times Co. v. Sullivan
300
Miranda v. Arizona based its holding on the protections contained in this amendment.
Fifth Amendment
400
It was added to the Constitution in 1868 and indicates various provisions in the Bill of Rights are applicable to the states.
The Fourteenth Amendment
400
What is the Court's basic test for dealing with church-state questions?
The Lemon test
400
These banned criticism of the federal government.
Alien and Sedition Acts
400
This case set out a test to help courts define obscenity.
Miller v. California
400
The Fifth Amendment mandates, "Nor shall any perosn be subject for the same offense to be twice" tried. What is this concept
Double jeopardy
500
This standard required states to prove that their laws constituted a valid exercise of their power to regulate the health, welfare, or public morals of citizens.
Substantive due process
500
What is the test set forth in Lemon v. Kurtzman?
The policy in question is constitutional if it
a. has a legit secular purpose
b. neither advances nor inhibits religion
c. does not foster an excessive government entanglement with religion
500
Among other actions in which he ignored the Constitution, he made it unlawful to print any criticisms of the national government.
Abraham Lincoln
500
This case set forth the clear and present danger test.
Schenck v. US
500
This case held, "all evidence obtained by searches and seizures in violation of the Constitution is inadmissible in a state court."