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Chapter 5 Notes

Chapter 5 Notes - Chapter 4 Civil Liberties Incorporation...

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Chapter 4: Civil Liberties Incorporation is the Supreme Court’s extension of the guarantees of the Bill of Rights to state and local governments through its various interpretations of the fourteenth amendment. Due Process clause is a clause found in both the Fifth and Fourteenth Amendments to the Constitution protecting citizens from arbitrary action by the national and state governments. Equal Protection Clause is a Fourteenth Amendment clause guaranteeing all citizens equal protection of the laws. The courts have interpreted the clause to bar discrimination against minorities and women Privileges and immunities clause is the clause in Section 1 of the Fourteenth Amendment stipulating that “no State shall make or enforce any laws which shall abridge the privileges or immunities of citizens of the United States.” Selective incorporation is the Supreme Court’s gradual process of assuming guardianship of civil liberties by applying piecemeal the various provisions of the Bill of Rights to state laws and practices Clear and present danger test is a rule used by the Supreme Court to distinguish between speech protected and not protected by the First Amendment. Under this
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