Review of the 14th Amendment and Incorporation Doctrine

These flashcards cover key terms and concepts related to the 14th Amendment and the Incorporation Doctrine.

14th Amendment

An amendment to the U.S. Constitution that addresses citizenship rights and equal protection under the law.

Incorporation Doctrine

A constitutional doctrine that ensures that selected rights guaranteed by the Bill of Rights are applied to the states through the 14th Amendment.

Privileges and Immunities Clause

A clause in the 14th Amendment that protects citizens' rights as they move between states.

Due Process Clause

A clause in the 14th Amendment stating that no state can deprive any person of life, liberty, or property without due process of law.

Equal Protection Clause

A provision in the 14th Amendment requiring states to provide equal protection under the law to all persons.

Gitlow v. New York (1925)

A landmark Supreme Court case that ruled that free speech is protected by the Due Process Clause of the 14th Amendment.

Selective Incorporation

The legal doctrine that the Supreme Court can decide which parts of the Bill of Rights are applicable to the states.

Total Incorporation

The theory that the 14th Amendment requires all rights in the Bill of Rights to be applied to the states.

Incremental Incorporation

The gradual process by which some rights in the Bill of Rights are applied to the states on a case-by-case basis.

Palko v. Connecticut (1937)

A Supreme Court case that established the Selective Incorporation Standard by rejecting total incorporation.