University:
Eastern Kentucky University
Course:
POL 101 | Introduction to American Government
Academic year:

2022
Views:

349

Pages:

1
Author:

hakulap1d

1. Explain the implications of the doctrine of selective incorporationThe Court has on occasion ruled on enhancing states’ power over individual liberty in spite of selective incorporation, as represented by: Gitlow v. New York (1925), which held that while the First Amendment applies to the states via the 14th Amendment, the states may prohibit speech having a tendency to cause danger to public safety. What was the long lasting precedent in the court case Barron v. Baltimore (1833)? The long last precedent was that the Constitution’s Bill of Right’s restricts only the powers of the federal government and not the states. Review the definition of selective incorporation 2. How did this case change the Barron precedent? It altered the Barron v. Baltimore case because selective incorporation basically limits the state’s power, weakening them as they now can not limit their citizens’ personal liberties. 3. Gitlow was the first case to author itatively apply to the states First Amendment protections. Investigate a timeline of cases that led the Supreme Court to gradually incorporate [apply] the Bill of Rights. Gitlow v. New York started applying the first amendment in 1925-1947. McDonald v. Chicago started applying the second amendment in 2010. Engblom v. The doctrine of selective incorporation has imposed limitations on state regulation of civil rights and liberties as represented by: McDonald v. Chicago (2010), which ruled the 2nd Amendment’s right to keep and bear arms for self defense in one’s home is applicable to the states through the 14th Amendment 4. List the protections found in the Fourteenth Amendment. Basically the 14th amendment grants all citizens equal protections of the law, meaning that the personal liberties guaranteed in the Bill of Rights now apply on a state level such as freedom of speech, religion, press, assembly and petition, right to bear arms, to an attorney and many others found in the Bill of Rights. The precedent in McDonald probably does not happen without the case Heller v. District of Columbia (2008). 5. Explain the importance of the Heller decision. Did the Supreme Court get this right? Explain. Without the incorporation of the 2nd amendment, Heller v. DC decided that the right to bear arms is applied to an individual allowing them to possess and firearm without any prior experience, including self-defense, which was pretty much the same as selective incorporation without the 14th amendment, besides the fact that it only applies to the individual rather than the state. 6. How has gun policy become a wedge issue in American politics? Investigate how guns impact voting behavior. As many issues stem from the ongoing gun control issues, splitting both voters and politicians, this caused many people to lean to whatever sides see their interests rather than what is the bigger picture. This does not really affect who they vote for just how they vote. MAKE SURE YOU UNDERSTAND: Protections of the Bill of Rights have been selectively incorporated by way of the Fourteenth Amendment’s “due process” clause to prevent state infringement of basic liberties. (Liberty and Order)