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Gov Quiz
| Term | Definition |
|---|---|
| Incorporation Doctrine | Legal concept that the Bill of Rights applies to the states through the Due Process Clause of the 14th Amendment. |
| Selective Incorporation | Only certain rights in the Bill of Rights are applied to the states on a case-by-case basis, not all at once. |
| 14th Amendment | “No state shall… deprive any person of life, liberty, or property, without due process of law…”; It’s the vehicle for applying the Bill of Rights to the states — this is the heart of selective incorporation; Due Process Clause |
| Gitlow v. New York (1925) | stating that government should be overthrown, incorporation process, ensuring that protections guaranteed by the First Amendment were also applicable at the state level, |
| Engel v. Vitale (1962) | No school prayer, Public school prayer violates the Establishment clause in first amendment |
| Wisconsin v. Yoder (1972) | Amish school exception, Amish kids can't be forced to attend high school, first amendment free exercise clause |
| Tinker v. Des Moines (1969) | Students wear armbands, students keep speech rights if not disruptive; first amendment symbolic speech |
| Schenck v. United States (1919) | clear and present; speech limited if it causes clear danger, clear and present danger test in first amendment |
| New York Times v. United States (1971) | pentagon papers protected; government can't censor press without real threat; first amendment freedom of the press |
| McDonald v. Chicago (2010) | guns apply nationally; 2nd amendment applies to states through incorporation |
| Gideon v. Wainwright (1963) | free legal help; poor defendants must be given a lawyer; sixth amendment right to legal counsel |
| Roe v. Wade (1973) | legalized abortion rights; right to privacy includes choosing abortion |
| Brown v. Board of Education (1954) | end school segregation; separate schools for race are unequal |
| 1st Amendment | Protects freedom of religion, assembly, press, petition, and speech |
| 2nd Amendment | right to keep and bear arms |
| 3rd Amendment | no forced quartering of troops in homes |
| 4th Amendment | no unreasonable searches and seizures/ warrants before arrest |
| 5th Amendment | right to grand jury, no double Jeopardy and self incrimination, due process |
| 6th Amendment | speedy and public trial by impartial jury |
| 7th Amendment | trial by jury in certain civil suits |
| 8th Amendment | no excessive bail, excessive fines, and cruel and unusual punishments |
| 9th Amendment | protests rights not listed in the constitution |
| 10th Amendment | powers reserved to the states |
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gabyt29