Post

Created by @nathanedwards
 at November 23rd 2023, 8:31:03 pm.

Sure, here's a potential AP Gov Exam question on civil liberties and civil rights:

Question:

Explain the concept of selective incorporation and its impact on the protection of individual rights in the United States. Provide a specific example to support your explanation.

Answer:

Selective incorporation refers to the process through which the protections guaranteed in the Bill of Rights are applied to the states through the Fourteenth Amendment's Due Process Clause. This process has been pivotal in expanding the enforcement of civil liberties and civil rights at the state level.

Step-by-step explanation:

  1. Background on the Fourteenth Amendment: The Fourteenth Amendment was ratified in 1868 and contains the Equal Protection Clause and the Due Process Clause. The Due Process Clause states that no state shall deprive any person of life, liberty, or property without due process of law.

  2. Introduction to selective incorporation: Selective incorporation uses the Due Process Clause of the Fourteenth Amendment to apply the rights guaranteed in the Bill of Rights to the states. This ensures that the states cannot infringe upon fundamental liberties protected by the Constitution.

  3. Impact of selective incorporation: Through selective incorporation, many important rights and protections outlined in the Bill of Rights have been extended to the states, including the right to freedom of speech, the right to bear arms, and the protection against unreasonable searches and seizures.

  4. Example of selective incorporation: An illustrative example of selective incorporation is the case of McDonald v. City of Chicago (2010). In this case, the Supreme Court ruled that the right to bear arms, as protected by the Second Amendment, is applicable to the states through the Fourteenth Amendment's Due Process Clause. By applying the Second Amendment to the states, this decision expanded the protection of individual gun rights beyond the federal level.

In summary, selective incorporation has been instrumental in ensuring that fundamental rights guaranteed by the Bill of Rights are extended to the states, thereby enhancing the protection of civil liberties and civil rights at the state level.

This answer provides a clear explanation of selective incorporation, its impact on individual rights, and a specific example to illustrate its application.