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Incorporation of the Bill of Rights

Incorporation of the Bill of Rights. Information for 4.3. Incorporation. Definition : Process by which US courts have applied portions of the  BOR  to the  states.

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Incorporation of the Bill of Rights

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  1. Incorporation of the Bill of Rights Information for 4.3

  2. Incorporation • Definition: Process by which US courts have applied portions of the BOR to the states. • What part of the 14th Amendment led to incorporation? Explain how. The Due Process clause of the 14th Amendment forbids states to deny any citizen life, liberty or property without due process of law. • The 14th Amendment is ALWAYS a good answer when it comes to why states can be sued for abridging the rights of its citizens. It ensures that all citizens in all states have the same rights.

  3. Gitlow v. NY • Concerned the 1st Amendment. • States cannot interfere with a person’s freedom of speech. • Applied Speech and Expression to the states.

  4. Gideon v. Wainwright • Concerned the 6th Amendment. • States must guarantee the right to an attorney if a person cannot afford one. • Applied Right to Counsel to the states.

  5. Mapp v. OH • Concerned the 4th Amendment. • States cannot use evidence that they seized without a valid warrant in court cases. • Applied the use of search warrants to the states.

  6. Miranda v. AZ • Concerned the 5th Amendment. • States cannot interrogate a person without first reading them their rights. • Applied the right of no self-incrimination to the states.

  7. Brown v. Topeka BOE • Concerned the 9th Amendment implied right to education. • States cannot have separate facilities for black and white children. • Applied equal protection of laws to the states.

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