The Incorporation Doctrine

These flashcards cover key concepts related to the Incorporation Doctrine and its implications for civil rights in the United States.

Incorporation Doctrine

The legal doctrine that refers to the application of the Bill of Rights to the states through the Fourteenth Amendment.

Barron v. Baltimore (1833)

A Supreme Court case establishing that the Bill of Rights did not apply to state governments.

Privileges and Immunities Clause

Part of the Fourteenth Amendment that protects citizens' rights and ensures they are treated equally in every state.

Due Process Clause

A clause in the Fourteenth Amendment that prohibits states from depriving any person of life, liberty, or property without due process of law.

Selective Incorporation

The doctrine by which the Supreme Court applies certain rights outlined in the Bill of Rights to the states on a case-by-case basis.

Palko v. Connecticut (1937)

A landmark case that rejected total incorporation and established standards for determining which rights are fundamental and should be applied to the states.

Gitlow v. New York (1925)

The first Supreme Court case to hold that the provisions of the Bill of Rights applied to the states via the Due Process Clause.

Ordered Liberty

A constitutional principle balancing individual rights and freedoms with the government's obligation to maintain social order and public safety

Total Incorporation

The view that the Due Process Clause incorporates all provisions of the Bill of Rights to apply to the states.