Free Response Selective Incooperation Flashcards
Define selective incorporation
Apply the Bill of Rights to state on a case by case basic
Background information for Gideon versus Wainwright
A person was charged with breaking into a pool hall
He asked that the court appoint him a lawyer and he was denied
He represented himself which lead to conviction and him being sent to prison
The question supreme Court had to decide for Gideon vs wainwright
Do states have to appoint someone with a lawyer in a criminal case if they can’t afford one
The ruling of Gideon versus Wainwright
Under the due process clause 14th amendment all states must point someone with a lawyer if they cannot afford one under the 6 amendment
Background information for McDonald’s versus Chicago
Citizens in a state challenged gun bans in their state after the Supreme Court ruled citizens in DC could have functional guns in their home
Questions Supreme Court had to decide
Can states ban functional guns in homes under the 2nd and 14th amendment?
Ruling of McDonald’s or Chicago
Under the due process clause 14th amendment citizens have the right to have functional guns in their home under the 2nd amendment making these bans unconstitutional