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Rights and Liberties in the USA

The Fourteenth Amendment and incorporation

  • 3 things to know
  • A2 Unit 4

Overview

Three principal clauses of the Fourteenth Amendment, selective incorporation and rights incorporated against the states.

What you need to know

Answer each one before you reveal it.

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Key term

Name the three principal clauses of the Fourteenth Amendment.

Key term

What is incorporation?

Key term

Why was incorporation necessary?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    When was the Fourteenth Amendment ratified?

    Model answer

    1868.

  2. 2

    Name the three principal clauses of the Fourteenth Amendment.

    Model answer

    The citizenship clause, the due process clause and the equal protection clause.

  3. 3

    What does the equal protection clause require?

    Model answer

    That no state deny to any person within its jurisdiction the equal protection of the laws.

  4. 4

    What is incorporation?

    Model answer

    The application of Bill of Rights guarantees to the states through the Fourteenth Amendment's due process clause.

  5. 5

    What is selective incorporation?

    Model answer

    The Court's practice of incorporating provisions of the Bill of Rights against the states one at a time as cases arise, rather than all at once.

  6. 6

    Why was incorporation necessary?

    Model answer

    Because the Bill of Rights originally bound only the federal government, so state governments could infringe those rights without constitutional remedy.

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