05 Civil Liberties and the Fourteenth Amendment Free Online FlashCards

Who did the Bill of Rights originally restrict?

The Bill of Rights originally restricted the federal government, not state governments. Barron v. Baltimore (1833) confirmed this early understanding.

When was the Fourteenth Amendment ratified?

The Fourteenth Amendment was ratified in 1868 and placed express constitutional limits on state power.

What is selective incorporation?

Selective incorporation applies particular Bill of Rights protections to the states through the Fourteenth Amendment when those protections are fundamental to liberty and justice.

What does procedural due process require?

Procedural due process requires fair procedures before government deprives someone of a protected liberty or property interest, such as notice and a hearing.

What question does substantive due process ask?

Substantive due process asks whether government may enact or enforce a law at all, even when its procedures are fair.

Which Fourteenth Amendment clause mainly supports incorporation?

The Due Process Clause has mainly served as the constitutional vehicle for incorporating Bill of Rights protections against the states.

What incorporation principle did Gitlow establish?

Gitlow assumed that freedom of speech and freedom of the press are fundamental liberties protected by the Fourteenth Amendment from state interference.

What standard did Palko use for incorporation?

Palko held that only rights fundamental to ordered liberty and an enlightened system of justice applied to the states under its selective approach.

What right did Malloy v. Hogan incorporate?

Malloy v. Hogan applied the Fifth Amendment privilege against compelled self-incrimination to the states through the Fourteenth Amendment.

What did Duncan v. Louisiana incorporate?

Duncan held that the Sixth Amendment jury-trial right applies to states for serious criminal offenses because it is fundamental to the American scheme of justice.

What did McDonald v. Chicago hold?

McDonald held that the Second Amendment right to keep and bear arms applies to state and local governments through the Fourteenth Amendment’s Due Process Clause.

Name two Bill of Rights provisions generally not incorporated.

The Grand Jury Clause of the Fifth Amendment and the Seventh Amendment’s civil jury guarantee remain commonly identified as unincorporated provisions.