Selective incorporation

In 1961, the Supreme Court heard a case in which the police entered into a residence without a warrant looking for a suspect thought to be hiding in the house. While searching for the suspect, the police found illegal pornographic material. The police arrested the homeowner and she was convicted in state court of possessing pornography. The Court decided to throw out the conviction because the police did not produce a search warrant, violating the right of the accused to be protected against an unreasonable search and seizure. Which of the following statements best explains the impact of this decision?

It applied the Fourth Amendment to the states through the incorporation doctrine (The case in the scenario above is Mapp v. Ohio (1961). The Court ruled that state courts cannot use evidence obtained illegally to convict someone of a crime. Protection from unreasonable search and seizure falls under the Fourth Amendment.)

In 1961, Clarence Earl Gideon stood trial in Florida, accused of robbing a pool hall. Gideon was poor and could not afford a lawyer. He requested that the court provide one for him, but Florida only provided lawyers for defendants accused of capital offenses. The Supreme Court decided to throw out the conviction because lawyers were necessary to ensure a fair trial. The Court ruled that states must provide counsel to defendants too poor to afford lawyers or they are violating the constitutional right to legal counsel. Which of the following statements best explains the impact of this decision?

It applied the Sixth Amendment to the states through the incorporation doctrine (The case in the scenario above is Gideon v. Wainwright (1963). The Court ruled that the state must provide legal counsel in all felony cases even when a defendant cannot afford one. The Sixth Amendment protects an individual's right to legal counsel.)

Which statement accurately summarizes the impact of the McDonald v. Chicago (2010) decision?

It incorporated an individual's right to bear arms for self-defense and made it apply to state and local governments (In McDonald v. Chicago (2010), the Court ruled the Second Amendment's right to keep and bear arms for self-defense in one's home is applicable to the states through the 14th Amendment.)

"The District's total ban on handgun possession in the home amounts to a prohibition on an entire class of "arms" that Americans overwhelmingly choose for the lawful purpose of self-defense." Associate Justice Scalia, majority opinion in D.C. vs Heller (2008), source: Justia In its D.C. vs Heller ruling, the Court struck down a handgun ban in Washington, D.C. In which Supreme Court ruling was the Second Amendment right to bear arms first incorporated to the states?

McDonald v. Chicago (This 2010 ruling followed D.C. v. Heller in striking down a Chicago handgun ban; D.C. v. Heller was not relevant to the question of incorporation because it concerned Second Amendment rights in a federal district, where all protections of the Bill of Rights apply.)

Which of the following Supreme Court cases is most relevant to the topic of the cartoon?

McDonald v. Chicago (2010) (In McDonald v. Chicago (2010), the Supreme Court ruled that the Second Amendment right to keep and bear arms for self-defense applies to the states through the Fourteenth Amendment.)

Selective incorporation is best defined as which of the following?

The constitutional doctrine that applies some, but not all, protections of the Bill of Rights to the states and to all levels of government (This is an accurate definition of selective incorporation: a right is incorporated to the states and other levels of government if it is judged to be "fundamental.")

In 1961, Clarence Earl Gideon stood trial in Florida, accused of robbing a pool hall. Gideon was poor and could not afford a lawyer. He requested that the court provide one for him, but Florida only provided lawyers for defendants accused of capital offenses. The Supreme Court decided to throw out the conviction because lawyers were necessary to ensure a fair trial. The Court ruled that states must provide counsel to defendants too poor to afford lawyers or they are violating the constitutional right to legal counsel. Which of the following constitutional provisions does the case described in the scenario have in common with McDonald v. Chicago (2010)?

The due process clause (The case in the scenario above is Gideon v. Wainwright (1963) in which the Court incorporated the Sixth Amendment and applied it to the states. In both Gideon and McDonald, the Court uses the due process clause to apply amendments to state and local governments. Both cases are examples of the incorporation doctrine.)

"In ... [certain] cases, immunities that are valid as against the federal government by force of the specific pledges of particular amendments have been found to be implicit in the concept of ordered liberty, and thus, through the Fourteenth Amendment, become valid as against the states." Associate Justice Cardozo, majority opinion in Palko v. Connecticut (1937). Source: Justia Justice Cardozo argues here that certain rights protected at the federal level also apply at the state level through the Fourteenth Amendment. Which clause is used to support Cardozo's argument?

The due process clause (The due process clause is most commonly cited by justices when selectively incorporating rights to the states: "[N]or shall any State deprive any person of life, liberty, or property, without due process of law.")

"In ... [certain] cases, immunities that are valid as against the federal government by force of the specific pledges of particular amendments have been found to be implicit in the concept of ordered liberty, and thus, through the Fourteenth Amendment, become valid as against the states." Associate Justice Cardozo, majority opinion in Palko v. Connecticut (1937). Source: Justia Based on the text, which of the following statements would the author most likely agree with?

The question of whether or not a right applies to the states as well as the federal government can be answered by considering if the right is "implicit in the concept of ordered liberty" (This is what Justice Cardozo is arguing in this excerpt; rights that the Court judges to be "fundamental" are selectively incorporated to all levels of government.)

Which of the following is an accurate comparison of the two court cases? Gideon v. Wainwright and (1963)McDonald v. Chicago (2010) a) Incorporated a right to legal counsel and Incorporated the right to bear arms for self-defense b) Decided that the state had to provide legal counsel for the poor or indigent and Decided that states had the right to ban handguns for public safety c) Ruled that national laws were supreme to state laws and Enhanced the power of the state government to regulate background checks for weapons d) Declared that the state had violated the Fifth Amendment and Declared that the state had violated the Second Amendment

a) Incorporated a right to legal counsel and Incorporated the right to bear arms for self-defense (Selective incorporation is the process in which civil liberties granted in the Bill of Rights are applied to the states. Gideon incorporated the Sixth Amendment. McDonald incorporated the Second Amendment.)

Which of the following best describes the message in the political cartoon?

The Supreme Court has been able to prevent state government infringement of basic liberties protected under the Bill of Rights by applying the Fourteenth Amendment (The cartoon shows how some provisions of the Bill of Rights are selectively incorporated to the states via the due process clause of the Fourteenth Amendment.)