Glossary
Bill of Rights
The first ten amendments to the U.S. Constitution, which enumerate fundamental individual liberties and place limits on the power of the federal government.
Example:
The Bill of Rights guarantees essential freedoms like freedom of speech and religion, protecting citizens from government overreach.
Due Process Clause
A clause in the Fifth and Fourteenth Amendments that prohibits the government from depriving any person of life, liberty, or property without due process of law, ensuring fair legal procedures.
Example:
The Due Process Clause ensures that a state cannot simply seize your property without providing notice and an opportunity for you to challenge the action in court.
Duncan v. Louisiana (1968)
A Supreme Court case that incorporated the Sixth Amendment's right to a jury trial in state criminal cases where a serious offense is charged.
Example:
Because of Duncan v. Louisiana, a person accused of a felony in a state court has the constitutional right to demand a jury trial, ensuring a fair process.
Exclusionary Rule
A legal principle that prohibits the use of illegally obtained evidence in a criminal trial, established by the Supreme Court in *Mapp v. Ohio*.
Example:
If police conduct a search without a warrant and find drugs, the exclusionary rule would prevent that evidence from being used against the defendant in court.
Fourteenth Amendment
An amendment ratified in 1868 that grants citizenship to all persons born or naturalized in the U.S. and contains the Equal Protection and Due Process Clauses, crucial for civil rights and liberties.
Example:
The Fourteenth Amendment was pivotal in the Civil Rights Movement, providing the constitutional basis for challenging state-sponsored segregation and discrimination.
Fundamental Rights
Rights deemed essential to liberty and justice, which are protected from government infringement and often serve as the basis for selective incorporation.
Example:
The right to free speech is considered a fundamental right, meaning states cannot easily restrict it without a compelling government interest.
Gitlow v. New York (1925)
A foundational Supreme Court case that began the process of selective incorporation by ruling that the First Amendment's freedom of speech applies to the states.
Example:
Before Gitlow v. New York, a state could have easily censored a newspaper without constitutional challenge, but this case started the protection of free speech from state infringement.
Incorporation
The act of applying provisions of the Bill of Rights to the states, typically through the Fourteenth Amendment's Due Process Clause.
Example:
The incorporation of the Fourth Amendment means that state police must now adhere to federal standards regarding search and seizure.
Judicial Review
The power of the Supreme Court to determine whether acts of Congress, the executive branch, and state legislatures are consistent with the U.S. Constitution.
Example:
If Congress passed a law banning all forms of protest, the Supreme Court could use judicial review to strike it down as unconstitutional.
Mapp v. Ohio (1961)
A Supreme Court case that established the exclusionary rule, making illegally obtained evidence inadmissible in state criminal trials.
Example:
Thanks to Mapp v. Ohio, if police search a student's locker without a warrant and find contraband, that evidence cannot be used against the student in court due to the exclusionary rule.
McDonald v. Chicago (2010)
A landmark Supreme Court case that ruled the Second Amendment right to keep and bear arms for self-defense is applicable to the states through the Fourteenth Amendment's Due Process Clause.
Example:
After McDonald v. Chicago, a city cannot enact a blanket ban on handgun ownership, as it would violate an individual's incorporated Second Amendment right to bear arms.
Palko v. Connecticut (1937)
A Supreme Court case that established the 'fundamental rights' test for selective incorporation, determining that only rights essential to 'ordered liberty' would be incorporated.
Example:
While Palko v. Connecticut initially allowed states to try someone twice for the same crime, its lasting impact was setting the standard for which rights were considered fundamental enough to apply to states.
Selective Incorporation
The process by which the Supreme Court has applied most, but not all, of the Bill of Rights to the states through the Due Process Clause of the Fourteenth Amendment.
Example:
When the Supreme Court ruled in Gideon v. Wainwright that states must provide attorneys for indigent defendants, it was an act of selective incorporation of the Sixth Amendment.
Supreme Court
The highest judicial body in the United States, responsible for interpreting the Constitution and federal laws, and serving as the final court of appeal.
Example:
The Supreme Court's decisions, like those on selective incorporation, set precedents that all lower courts and state governments must follow.