Interview
3.4: Selective Incorporation
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AP United States Government and Politics notes from Unit 3, Section 4: These notes cover the process of selective incorporation by the Supreme Court.
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1.
What is an ex post facto law?
Answer: A law criminalizing conduct that was legal at the time it occurred
2.
What does a bill of attainder do?
Answer: Punishes an individual without a trial
3.
Who can pass a bill of attainder?
Answer: Congress
4.
What is a writ of habeas corpus?
Answer: A document setting out reasons for an arrest or detention
5.
What does procedural due process require?
Answer: Fairness to be equally applied to all individuals
6.
What is a warrant?
Answer: A document issued by a judge authorizing a search
7.
Describe probable cause.
Answer: Reasonable belief that a crime has been committed or that there is evidence of criminal activity
8.
What does the exclusionary rule prevent from being admissible in court?
Answer: Evidence obtained without a warrant
9.
Define a grand jury.
Answer: A group of citizens who, based on the evidence presented to them, decide whether or not a person should be indicted on criminal charges and subsequently tried in court
10.
What is double jeopardy?
Answer: The prosecution of a person twice for the same offense
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Some examples from this set of practice questions
1.
What is incorporation?
Answer: The extention of the bill of rights to states, limiting the power of state governments
2.
What Supreme Court case was overruled to create the process of incorporation?
Answer: Barron v Baltimore (1833)
3.
Define selective incorporation.
Answer: The piecemeal process through which the Supreme Court has affirmed that almost all of the protections within the bill of rights also apply to state governments
4.
What constitutional clause provides legal basis for incorporation?
Answer: The due process clause of the 14th amendment
5.
What effect did incorporation have on states?
Answer: It weakened them, because they would now be held accountable to the Bill of Rights (federal laws) and not operate strictly under their own and the Constitution
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