Explain the significance of Gitlow v. New York to the Fourteenth Amendment.
Gitlow v. New York upheld a state law that said that it is a crime to advocate the duty, need or appropriatness of overthrowing the federal government. This indirectly set a precedent and changed the 14th amendment. Now the states had more conrol over the freedom of speech and the press. Also, now the Bill of Rights covers both the states and the national government whereas before it only covered the national government.
2)Briefly define the Bill of Rights and discuss its addition to the Constitution.
The Bill of Rights is the name by which the first ten amendments to the United States Constitution are known. They were introduced by James Madison to the First United States Congress in 1791 as a series of constitutional amendments, and came into effect on December 15, 1791, when they had been ratified by three-fourths of the States. The Bill of Rights limits the powers of the Federal government of the United States, protecting the rights of all citizens, residents and visitors on United States territory.
3)What is the incorporation doctrine?
The incorporation doctrine is an interpretation of the Constitution that says that the due process clause of the 14th Amendment requires that the state and local governments also guarantee those rights.
4)Have all Bill of Rights protections been incorporated? Discuss.
5)Compare and contrast the two clauses in the First Amendment dealing with religion.
There is the establishment clause, and the free exercise clause. The establishment clause prohibited the national government from establishing a national religion. The free exercise clause prohibited the U.S. government from interfering with a citizen's right to practice his or her religion.
6)Discuss the Lemon test.
The Lemon Test is derived from the court case Lemon v. Kurtzman (1971). The Court's decision established the requirements for legislation concerning religion. It...