Incorporation & the Bill of Rights
The Supreme Court ruled that the Bill of Rights originally applied only to the federal government, not the states.
What is Barron v. Baltimore?
This clause prevents the government from establishing an official religion.
What is the Establishment Clause?
This form of expression includes actions meant to convey a message without words.
What is symbolic speech?
This amendment protects against unreasonable searches and seizures.
What is the Fourth Amendment?
This clause of the Fourteenth Amendment is the constitutional basis for most civil rights cases.
What is the Equal Protection Clause?
Supreme Court Case: Duncan v. Louisiana (1968)
The Court ruled that the right to a jury trial applies to the states through the Fourteenth Amendment.
Which required Supreme Court case would most likely be used to compare this decision in a Type 3 SAQ?
What is McDonald v. Chicago?
Supreme Court Case: Lee v. Weisman (1992)
The Court ruled that clergy-led prayer at a public school graduation violated the Establishment Clause.
Which required Supreme Court case would most likely be used to compare this decision in a Type 3 SAQ?
What is Engel v. Vitale?
Supreme Court Case: Dennis v. United States (1951)
The Court upheld convictions for speech advocating the overthrow of the government during the Cold War.
Which required Supreme Court case would most likely be used to compare this decision in a Type 3 SAQ?
What is Schenck v. United States?
Supreme Court Case: Illinois v. Gates (1983)
The Court ruled that probable cause should be evaluated using the totality of the circumstances.
Which required Supreme Court case would most likely be used to compare this decision in a Type 3 SAQ?
What is Mapp v. Ohio?
Supreme Court Case: Plessy v. Ferguson (1896)
The Court upheld racial segregation under the doctrine of “separate but equal.”
Which required Supreme Court case would most likely be used to compare this decision in a Type 3 SAQ?
What is Brown v. Board of Education?
This process applies individual rights in the Bill of Rights to the states on a case-by-case basis.
What is selective incorporation?
This three-part test determines whether a government policy violates the Establishment Clause.
What is the Lemon Test
Supreme Court Case: Hess v. Indiana (1973)
The Court ruled that advocacy of illegal action is protected unless it is intended and likely to produce imminent lawless action.
Which required Supreme Court case would most likely be used to compare this decision in a Type 3 SAQ?
What is Brandenburg v. Ohio?
This rule prevents illegally obtained evidence from being used in court.
What is the Exclusionary Rule?
This level of scrutiny applies to laws involving race or fundamental rights.
What is strict scrutiny?
Supreme Court Case: Gitlow v. New York (1925)
The Court ruled that free speech protections apply to the states through the Fourteenth Amendment.
Which required Supreme Court case would most likely be used to compare this decision in a Type 3 SAQ?
What is McDonald v. Chicago?
Supreme Court Case: Employment Division v. Smith (1990)
The Court ruled that neutral laws of general applicability may burden religious practices without violating the Constitution.
Which required Supreme Court case would most likely be used to compare this decision in a Type 3 SAQ?
What is Wisconsin v. Yoder?
Supreme Court Case: Morse v. Frederick (2007)
The Court ruled schools may restrict student speech promoting illegal drug use at school-sponsored events.
Which required Supreme Court case would most likely be used to compare this decision in a Type 3 SAQ?
What is Tinker v. Des Moines?
Supreme Court Case: Berghuis v. Thompkins (2010)
The Court ruled that suspects must explicitly invoke their right to remain silent.
Which required Supreme Court case would most likely be used to compare this decision in a Type 3 SAQ?
What is Miranda v. Arizona?
This concept describes when majority groups restrict the rights of minorities.
What is the tyranny of the majority?
This clause of the Fourteenth Amendment has been most frequently used to incorporate civil liberties.
What is the Due Process Clause?
This clause protects religious belief absolutely but allows limits on religious practice.
What is the Free Exercise Clause?
Supreme Court Case: Nebraska Press Association v. Stuart (1976)
The Court ruled that gag orders on the press are usually unconstitutional prior restraints.
Which required Supreme Court case would most likely be used to compare this decision in a Type 3 SAQ?
What is New York Times v. United States?
This case guaranteed the right to an attorney for defendants who cannot afford one.
What is Gideon v. Wainwright?
In Letter from Birmingham Jail, Martin Luther King Jr. distinguishes between “just” and “unjust” laws, arguing that laws are unjust when they degrade human personality and are imposed on a minority that had no role in creating them. From a constitutional perspective, this argument most directly challenges the idea that laws passed by a democratic majority are automatically legitimate.
What constitutional principle does King’s argument most directly support?
Protection of minority rights against the tyranny of the majority under the Equal Protection Clause