#AP US Government: Selective Incorporation - The Night Before 🌃

Hey! Let's get you feeling confident about Selective Incorporation. This is a big topic, but we're going to break it down so it's crystal clear. Think of this as your ultimate cheat sheet for tonight!

#What is Selective Incorporation?

Selective Incorporation is how the Supreme Court has made the Bill of Rights apply to the states. 🤯

• Before: The Bill of Rights only limited the federal government.
• Now: Through the 14th Amendment's Due Process Clause, many of these rights also protect you from state governments.

#How Does It Work?

It's all about judicial review! The Supreme Court decides, case by case, which parts of the Bill of Rights are so fundamental that states can't violate them. Think of it like the Court is carefully choosing which rights to "incorporate" into the 14th Amendment.

1. Someone Claims a Violation: A person argues a state law or action violates their rights.
2. Supreme Court Scrutiny: The Court reviews the case, deciding if the state action is constitutional.
3. Incorporation: If the Court finds a right is fundamental, it's "incorporated" and applies to the states.

#Cases & Examples

Let's look at some key cases that made this happen:

#McDonald v. Chicago (2010) 🐻

• Issue: Chicago had strict gun control laws.
• Ruling: The Supreme Court said the 2nd Amendment right to bear arms applies to states.
• Impact: States can't just ban guns; they have to respect this individual right.

#Mapp v. Ohio (1961) 🔍

• Issue: Evidence was illegally seized by police.
• Ruling: The Court said illegally obtained evidence can't be used in state trials.
• Impact: This incorporated the 4th Amendment's protection against unreasonable searches and seizures.

#Other Important Cases:

1. Gitlow v. New York (1925): First time the Court used the 14th Amendment to protect free speech and press from state action.
2. Palko v. Connecticut (1937): Established that some rights are fundamental and should be incorporated. (Though the Court later changed its mind on some specifics.)
3. Duncan v. Louisiana (1968): Incorporated the 6th Amendment right to a jury trial in state criminal cases.

#Summary

#Key Terms

• Due Process Clause: Part of the 14th Amendment that ensures fair legal procedures.
• Selective Incorporation: Applying the Bill of Rights to states through the 14th Amendment.
• Bill of Rights: First ten amendments, protecting individual liberties.
• Fourteenth Amendment: Ensures equal protection and due process.
• Supreme Court: Highest court, interprets the Constitution.
• Fundamental Rights: Essential rights like free speech, religion, etc.
• Incorporation: Applying the Bill of Rights to the states.
• Exclusionary Rule: Illegally obtained evidence is inadmissible.

#Key Takeaways

1. The Due Process Clause ensures fairness in state actions.
2. Selective Incorporation is how the Bill of Rights has been applied to the states.
3. This protects your rights from both the federal and state governments.
4. Key cases have shaped how we understand these rights.
5. This is a crucial part of American constitutional law. 💡

Understanding selective incorporation is essential for the AP exam. It often connects to other topics like civil rights and liberties.

#Questions for Review

#What is the Due Process Clause of the Fourteenth Amendment?

It's a guarantee that the government will act fairly and justly when taking away someone's life, liberty, or property. It's the legal foundation for selective incorporation.

#How does the Due Process Clause protect individual rights against government intrusion?

It requires fair procedures, like notice, a chance to be heard, and an impartial decision-maker. It's a check on government power.

#What is selective incorporation and how does it work?

It's the process of applying the Bill of Rights to the states through the 14th Amendment. The Supreme Court decides which rights are fundamental and should be incorporated.

#What are some examples of court cases that involve selective incorporation?

McDonald v. Chicago, Mapp v. Ohio, Gitlow v. New York, Palko v. Connecticut, and Duncan v. Louisiana are all big examples.

#Final Exam Focus 🎯

• Highest Priority Topics: Due Process Clause, Selective Incorporation, Key Cases (especially McDonald and Mapp).
• Common Question Types: Multiple choice questions on specific cases, FRQs asking you to connect incorporation to civil rights/liberties, and SCOTUS comparison questions.
• Time Management: Quickly identify the core issue in the question. Don't get bogged down in details you don't need.
• Common Pitfalls: Confusing different amendments, not understanding the difference between federal and state actions, and misinterpreting the incorporation process.
• Strategies: Use your knowledge of key cases to support your arguments. Always refer back to the Constitution and the 14th Amendment.

#Practice Questions

Practice Question

Multiple Choice Questions

1. Which of the following best describes the concept of selective incorporation? (A) The process by which the Bill of Rights is applied to the federal government. (B) The process by which the Bill of Rights is applied to the states through the Fourteenth Amendment. (C) The process by which the states are allowed to create their own Bill of Rights. (D) The process by which the Supreme Court decides which laws are constitutional.

2. The Supreme Court case Mapp v. Ohio (1961) is most closely associated with which of the following? (A) The right to bear arms. (B) The right to a jury trial. (C) Protection against unreasonable searches and seizures. (D) Freedom of speech.

3. Which clause of the Fourteenth Amendment has been used to apply the Bill of Rights to the states? (A) The Equal Protection Clause (B) The Due Process Clause (C) The Privileges and Immunities Clause (D) The Establishment Clause

Free Response Question

Explain the concept of selective incorporation and how it has been used to apply the Bill of Rights to the states. In your response, be sure to:

• Define selective incorporation.
• Explain the role of the Fourteenth Amendment in this process.
• Provide an example of a Supreme Court case that demonstrates selective incorporation.
• Explain the significance of selective incorporation in protecting individual rights.

Scoring Breakdown

• Definition of Selective Incorporation (1 point): A clear definition of selective incorporation as the process by which the Supreme Court has applied the provisions of the Bill of Rights to the states through the Due Process Clause of the Fourteenth Amendment.
• Role of the Fourteenth Amendment (1 point): An explanation of how the Due Process Clause of the Fourteenth Amendment is used to apply the Bill of Rights to the states, ensuring that state governments cannot infringe on these fundamental rights.
• Example of a Supreme Court Case (1 point): A specific example of a Supreme Court case that demonstrates selective incorporation, such as McDonald v. Chicago (2010) or Mapp v. Ohio (1961).
• Significance of Selective Incorporation (1 point): An explanation of the importance of selective incorporation in protecting individual rights against state government infringement, ensuring that states are held to the same standards as the federal government in protecting civil liberties.

You've got this! Go get 'em! 💪