Selective Incorporation
A Brief Review
Definition
Application of the ________________ to
____________ using the ___________
amendment __________ clause
____________________________.
Application of the Bill of Rights to
state/local governments using the 14th
amendment due process clause one
right/clause at a time.
Early History
14th Amendment passes 1868
Provides “equal protection” and “due
process” of law for U.S. citizens and
citizens of states
Case establishing incorporation
doctrine?
A. Gideon vs. Wainwright
B. McCullough vs. Maryland
C. Gibbons vs. Ogden
D. Gitlow vs. New York
E. Mapp vs. Ohio
D. Gitlow vs. New York (1925) – free speech
and free press
th
6
Case applying
amendment
right to counsel?
A. Wolf vs. Colorado
B. Mapp vs. Ohio
C. Gideon vs. Wainwright
D. Miranda vs. Arizona
E. Brown vs. Board of Education
C. Gideon vs. Wainwright (1963) – right to
counsel in felony cases
Case applying exclusionary rule
to the states?
A. Miranda vs. Arizona
B. Mapp vs. Ohio
C. Wolf vs. Colorado
D. Cantwell vs. Connecticut
E. Brown vs. Board of Education
B. Mapp vs. Ohio (1961) 4th amendment
protection against illegal search given teeth
Case establishing right to
privacy?
A. Griswold vs. Connecticut
B. Roe vs. Wade
C. Planned Parenthood of PA vs. Casey
D. Cruzan vs. Missouri Dept. of Health
E. Lawrence vs. Texas
A. Griswold vs. Connecticut (1965) –
establishes right to privacy under 9th
amendment
First case to apply establishment
clause to state law?
A. Marbury vs. Madison
B. Cantwell vs. Connecticut
C. Everson vs. Board of Education
D. Engel vs. Vitale
E. Lemon vs. Kurtzman
C. Everson vs. Board of Education (1947)
All of these are free exercise
clause incorporation cases except?
A. Cantwell vs. Connecticut
B. Reynolds vs. U.S.
C. Church of the Lukumi vs. Hialeah, FL
D. West VA School Board vs. Barnette
E. Boerne, TX vs. Flores
B. Reynolds vs. U.S. (1879) – Mormon
polygamy case against the federal
government, not a state government
With your group read through First
Amendment case cards
Provide written answers for the following:
Similarities, trends in the cases, for example
under what circumstances are First Amendment
protections not enforced?
List and explain general rules concerning free
speech/press, establishment of religion, free
exercise of religion (e.g. Lemon test)
A second group will add to your work