Nationalization of the Bill of Rights

Question 1

Barron v. Baltimore (1833)

Answer 1

An example of no incorporation. The Fifth Amendment does not apply to Maryland.

Question 2

Schenck v. US (1919)

Answer 2

Schenck released pamphlets that advocated protest against the WW1 draft. Court rules that Schenck was not protected by the First Amendment. Created the “clear and present danger” test.

Question 3

Gitlow v. New York (1925)

Answer 3

Gitlow advocated for forceful overthrow of government, prohibited by an NY law. Court ruled that Gitlow’s speech created an imminent threat. Formulated the “dangerous tendency” test.

Question 4

Palko v. CT (1937)

Answer 4

Immunity from double jeopardy did not apply to the states. This was overturned by Benton v. MD (1969), however.

Question 5

Powell v. AL (1932)

Answer 5

Trials where the defendant is not represented by counsel are invalid according to the Due Process Clause.

Question 6

Debs v. US (1919)

Answer 6

Decision similar to Schenck v. US.

Question 7

McDonald v. City of Chicago (2010)

Answer 7

The Due Process Clause makes the Second Amendment applicable to the states.