Privileges or Immunities/Incorporation Doctrine

Question 1

Privileges or Immunities Clause

Answer 1

prohibits states from unreasonably interfering with the national citizenship of individuals (but not of state citizenship)

Question 2

In Saenz v. Roe, the SC held that US citizens have a right to:

Answer 2

become citizens of any state and there are constitutional limits on the extent to which states can treat them differently because they moved from one state to another

Question 3

Incorporation Doctrine

Answer 3

only the fundamental rights in the Bill of Rights are protected from infringement by the states

Question 4

What amendments are fully incorporated in the Bill of Rights?

Answer 4

1st (freedom of press, speech), 2nd (bear arms), and 4th (search and seizure)

Question 5

What amendments are partially incorporated into the bill of rights?

Answer 5

5th (no incorporation of the right to grand jury)
6th (speedy trial but no incorporation of the right to a jury selected from crime location)
7th (right to civil trial but no incorporation of right to jury in civil trial)
8th (excessive bail but no incorporation of the prohibition against excessive fines)

Question 6

A particular Bill of Rights guarantee will apply to the states if:

Answer 6

it is fundamental to the nation’s scheme of ordered liberty or deeply rooted in the nation’s history and tradition (right to bear arms-McDonald v. City of Chicago)