Which of the following parts of the United States Constitution is incorporated to the states based on the ruling in McDonald's v. Chicago 2010?
Asked by: Prof. Dock Stamm | Last update: March 19, 2025Score: 4.6/5 (65 votes)
McDonald v. City of Chicago, case in which on June 28, 2010, the U.S. Supreme Court ruled (5–4) that the Second Amendment to the U.S. Constitution, which guarantees “the
Which of the following parts of the United States Constitution is incorporated to the states based on the ruling in McDonald's v. Chicago?
The part of the United States Constitution that is incorporated to the states based on the ruling in McDonald v. Chicago (2010) is the "the right of the people to keep and bear Arms, shall not be infringed." This is a reference to the Second Amendment of the Constitution.
What did the Supreme Court rule in McDonald v Chicago Quizlet?
The Supreme Court reversed the Seventh Circuit, holding that the Fourteenth Amendment makes the Second Amendment right to keep and bear arms for the purpose of self-defense applicable to the states.
Which of the following explains the constitutional reasoning in McDonald's v. Chicago 2010?
Which of the following explains the constitutional reasoning in McDonald v. Chicago (2010) ? The Second Amendment right to keep and bear arms for the purpose of self-defense is applicable to the states through the Fourteenth Amendment.
Which of the following most clearly states the outcome of McDonald's v. Chicago 2010?
Which of the following most clearly states the outcome of McDonald v. Chicago (2010)? Municipalities may not infringe on the Second Amendment right to keep and bear arms for self-protection in one's home.
McDonald v. Chicago, EXPLAINED [AP Gov Required Supreme Court Cases]
Which constitutional issue was incorporated by the McDonald v. Chicago 2010 case?
The Due Process Clause of the Fourteenth Amendment extends the Second Amendment's right to keep and bear arms to the states, at least for traditional, lawful purposes such as self-defense.
Which of the following constitutional provisions has the Court not incorporated?
Provisions that the Supreme Court has not specifically incorporated include the Fifth Amendment right to an indictment by a grand jury, and the Seventh Amendment right to a jury trial in civil lawsuits. Incorporation applies both procedurally and substantively to the guarantees of the states.
What is the reasoning behind McDonald v. Chicago?
McDonald v. City of Chicago centered around a challenge to the city's strict gun control laws, which banned possessing them within city limits. Otis McDonald, a 76-year-old retired maintenance engineer, filed suit against the city, arguing that the regulations violated his Second Amendment rights.
What has the United States Supreme Court used to incorporate the Bill of Rights into state law?
After the passage of the Fourteenth Amendment, the Supreme Court, through a string of cases, found that the Due Process clause of the Fourteenth amendment included applying parts of the Bill of Rights to States (referred to as incorporation).
Is the free exercise clause in the constitution absolute?
The Free Exercise Clause protects citizens' right to practice their religion as they please, so long as the practice does not run afoul of a "public morals" or a "compelling" governmental interest.
Which four amendments are known together as criminal due process rights?
These amendments include the fourth, fifth, sixth, eighth, and the fourteenth amendments. Their purpose is meant to ensure that people are treated fairly if suspected or arrested for crimes.
What case did McDonald v. Chicago overturn?
In addition to claiming the Second Amendment should be incorporated through the selective incorporation process, McDonald is unique among post-Heller gun cases in that it asked the court to overturn the Slaughter-House Cases, 83 U.S. 36 (1873).
Why is selective incorporation significant?
Selective incorporation is the case-by-case application of the Bill of Rights to the states through the Fourteenth Amendment. It is used to limit state regulations that may infringe on civil rights and liberties.
What are three features from state constitutions that were incorporated into the United States Constitution?
Three rights are unanimously represented in all the State Constitutions, Madison's list and the Bill of Rights: rights of conscience/free exercise of religion; local impartial jury; and common law and jury trial.
Which of the following best describes incorporation theory?
It is the view that the provisions of the Bill of Rights are extended to individuals for protection against action by states.
Which of the following sections of the United States Constitution is most related to the case Marbury v Madison 1803?
Madison and Judicial Review. Article III, Section 1: The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.
What was the first incorporation case?
The incorporation story could be traced to the 1897 case of Chicago, Burlington, and Quincy Railroad v. City of Chicago. But scholars often argue that the Court really began the process in earnest with Gitlow v. New York in 1925.
What case incorporated the 4th Amendment?
Brendlin v. California. This Fourth Amendment activity is based on the landmark Supreme Court case Brendlin v. California, dealing with search and seizure during a traffic stop.
Which part of the U.S. Constitution did the Supreme Court cite to uphold the Civil Rights Act of 1964?
In the 1960s, Americans who knew only the potential of "equal protection of the laws" expected the president, the Congress, and the courts to fulfill the promise of the 14th Amendment.
What is the incorporation doctrine of McDonald v. Chicago?
However, the majority in McDonald v. Chicago concluded that the Fourteenth Amendment incorporates the Second Amendment right to keep and bear arms for self-defense. This line of reasoning relies on the legal doctrine of "selective incorporation," discussed below.
Which of the following explains the constitutional reasoning in McDonald's v. Chicago?
City of Chicago, case in which on June 28, 2010, the U.S. Supreme Court ruled (5–4) that the Second Amendment to the U.S. Constitution, which guarantees “the right of the people to keep and bear Arms,” applies to state and local governments as well as to the federal government.
What is the background of Brown v Board of Education?
Background: The events relevant to this specific case first occurred in 1951, when a public school district in Topeka, Kansas refused to let Oliver Brown's daughter enroll at the nearest school to their home and instead required her to enroll at a school further away. Oliver Brown and his daughter were black.
Is there a law that has never been broken?
Laws that are created by our legislative bodies have always been broken. Only particular laws of nature that are considered constants are unbroken under the particular constraints imposed by nature.
What Court is the only Court in the Constitution that has to exist?
The Supreme Court of the United States is the highest court in the land and the only part of the federal judiciary specifically required by the Constitution.
What did Gitlow argue in his case?
Gitlow was convicted under New York's Criminal Anarchy Law, which punished advocating the overthrow of the government by force. Gitlow challenged his conviction, arguing that the First Amendment restrains the states as well as the federal government and that the criminal anarchy law violated the First Amendment.