Judicial Review and Selective Incorporation

Question 1

Palko v. Connecticut (1937)

Answer 1

being tried twice for same offense in different law is not double jeopardy.

incorporation of 14th amendment’s Due process clause. It does not protect double jeopardy as a fundamental protection by the Fifth amendment.

-The Fifth Amendment right to protection against double jeopardy is not a fundamental right incorporated by the Fourteenth Amendment to the individual states.

Question 2

Barron v. Baltimore (1833)

Answer 2

State governments are not bound by the Fifth Amendment’s requirement for just compensation in cases of eminent domain.

Question 3

Marbury v. Madison (1803)

Answer 3

Section 13 of the Judiciary Act of 1789 is unconstitutional to the extent it purports to enlarge the original jurisdiction of the Supreme Court beyond that permitted by the Constitution.

-established judicial review

Question 4

McDonald v. Chicago (2010)

Answer 4

The Second Amendment right to keep and bear arms for self defense in one’s home is fully applicable to the states through the Fourteenth Amendment.

Question 5

Due process

Answer 5

the principle that the government must respect all of the legal rights that are owed to a person according to the law of the land, instead of respecting merely some or most of those legal rights.