Question 1

Each of the following Amendments has been incorporated at least partially except ______.

Accepted Answer

The Third Amendment, which prohibits the quartering of soldiers in private homes without the owner's consent, has never been the primary subject of a Supreme Court case, making it less "incorporated" in practice compared to the others listed.

Question 2

Justice Douglas's term "coextensive coverage" means that ______.

Accepted Answer

"Coextensive coverage" refers to the concept that once an amendment is incorporated through the Fourteenth Amendment's Due Process Clause, its protections apply equally to actions by state and federal governments, ensuring that states cannot infringe on those rights any more than the federal government can.

Question 3

The fundamental fairness approach to incorporation emphasizes that rights must be ensured that ______.

Accepted Answer

The fundamental fairness approach to incorporation focuses on ensuring rights that preserve "liberty and justice" for individuals, aligning with the principles of due process and fair treatment under the law.

Question 4

A person who favors a strong central government and who believes that government must extend as many rights and privileges as possible would most likely support which of the following approaches of incorporation?

Accepted Answer

Total incorporation plus supports a strong central government by ensuring that all rights in the Bill of Rights are applied to the states, along with additional rights, thus extending as many rights and privileges as possible.

Question 5

All of the following were identified as elements of selective incorporation except ______.

Accepted Answer

The answer of All of the following were identified as...

Question 6

A person who favors a strong central government yet supports only those rights clearly written in the Bill of Rights would most likely support which of the following approaches of incorporation?

Accepted Answer

The approach of "total incorporation" aligns with the idea of supporting only those rights clearly written in the Bill of Rights, as it advocates for the inclusion of all the rights enumerated in the Bill of Rights to be applicable to the states through the Fourteenth Amendment. This approach does not extend to rights not explicitly mentioned, fitting the description of someone who supports a strong central government and adheres strictly to the written rights.

Question 7

The test established in Rochin v.California is known as the ______ test.

Accepted Answer

The "shocks-the-conscience" test comes from Rochin v. California, where the Supreme Court ruled that the method used by police to obtain evidence (forcing an individual to vomit up swallowed drugs) was so brutal and offensive that it shocked the conscience, thus violating the Due Process Clause of the Fourteenth Amendment.

Question 8

The total incorporation approach involves all of the following steps except ______.

Accepted Answer

The answer of The total incorporation approach involves all of...

Question 9

Those supporting extending the Bill or Rights to the states with additional rights, such as health care, are supporting which approach to incorporation?

Accepted Answer

Total incorporation plus advocates for not only applying the Bill of Rights in full to the states but also adding other rights, such as health care, which are not explicitly mentioned in the Constitution.

Question 10

Which of the approaches to incorporation is being used in the United States today?

Accepted Answer

The United States uses the selective incorporation approach, which means that not all provisions of the Bill of Rights are applied to the states. Instead, the Supreme Court decides on a case-by-case basis which rights are so fundamental that they should be protected from state infringement.

Question 11

Why was the Fourteenth Amendment added to the constitution?

Accepted Answer

The Fourteenth Amendment was added to the Constitution primarily to guarantee equal treatment and opportunity for African Americans, especially in the aftermath of the Civil War and the abolition of slavery. It aimed to provide equal protection under the laws to all citizens.

Question 12

During which decade did the U.S.Supreme Court decidedly shift from the fundamental fairness doctrine to total incorporation?

Accepted Answer

The U.S. Supreme Court shifted from the fundamental fairness doctrine to total incorporation during the 1960s, under the Warren Court, which significantly expanded civil rights and the rights of the accused.

Question 13

According to the authors, all of the following points should be kept in mind when discussing the fundamental rights approach to the Fourteenth Amendment and Due Process Clause except ______.

Accepted Answer

The fundamental rights approach to the Fourteenth Amendment and Due Process Clause focuses on the Bill of Rights, procedures, and legal tests rather than states' rights. States' rights are more about the balance of power between state and federal governments, not the focus of the fundamental rights approach.

Question 14

Which of the following U.S.Supreme Court cases was considered to be a small step toward recognizing that the Fourteenth Amendment protected individuals against abuse by state authorities?

Accepted Answer

Moore v. Dempsey (1923) was a significant case where the U.S. Supreme Court took a small step toward recognizing that the Fourteenth Amendment protected individuals against abuse by state authorities. This case involved the rights of African American defendants who were not given a fair trial due to mob domination of their proceedings. The Court's decision indicated a willingness to scrutinize state actions that violated fundamental rights, marking a move towards protecting individual rights against state abuses.

Question 15

The belief that the Supreme Court should decide on a case-by-case basis whether rights are fundamental to the concept of ordered liberty and therefore apply to the states is reflected in which of the following approaches to incorporation?

Accepted Answer

The answer of The belief that the Supreme Court should...

Question 16

According to the ruling in Twining v.New Jersey, which reinforced the fundamental fairness approach to incorporation, a right must be ______ to be forced upon the states.

Accepted Answer

In Twining v. New Jersey, the Supreme Court held that for a right to be incorporated and thus required to be observed by the states, it must be considered "an immutable principle of justice." This ruling reinforced the fundamental fairness approach to incorporation, focusing on whether a right is so fundamental that it must be universally protected.

Question 17

The fundamental fairness test was established by which of the following U.S.Supreme Court cases?

Accepted Answer

The answer of The fundamental fairness test was established by...

Question 18

Which of the approaches of incorporation grants the states the most flexibility?

Accepted Answer

The fundamental fairness approach allows states more flexibility as it does not require them to adhere to all federal standards, only ensuring that state laws do not violate basic principles of justice.

Question 19

Which approach to incorporation focuses on the concept of "ordered liberty?"

Accepted Answer

Fundamental fairness focuses on the concept of "ordered liberty," which means that the government must respect certain fundamental rights that are essential to a free and ordered society.

Question 20

Which of the following is most likely to be a criticism leveled at the fundamental fairness doctrine by one who is supportive of total incorporation?

Accepted Answer

The fundamental fairness doctrine is criticized for being too general because it allows for subjective interpretation of what rights are fundamental, potentially leading to inconsistencies in the protection of rights across different states. Total incorporation advocates argue for a more uniform application of the Bill of Rights to the states, which the generality of fundamental fairness does not guarantee.

Quiz 2: The Sources of Criminal Procedure