18 Questions
Which amendment is not applicable to the states due to its limitation of the federal government's power?
Tenth Amendment
What is the primary reason the Third Amendment has not been incorporated into the Due Process Clause?
It is not considered a fundamental right
Which of the following amendments is incorporated into the Due Process Clause, but has elements that are not applicable to the states?
Fifth Amendment
What is the significance of the McDonald v. Chicago ruling in relation to the Bill of Rights?
It does not incorporate the Third Amendment into the Due Process Clause
Which of the following amendments is most closely related to the concept of state sovereignty?
Tenth Amendment
What is the primary purpose of the Due Process Clause in relation to the Bill of Rights?
To protect individual rights from state infringement
In the context of the 14th Amendment, what is the significance of the privileges and immunities clause?
It only applies to the federal government, not individual states
What is the primary reason why the evacuation order in Korematsu v. U.S. was deemed valid?
National security following Pearl Harbor
Which amendment overruled the Dred Scott v. Sanford decision?
14th Amendment
What is the main limitation of the 13th and 14th Amendments, according to the Slaughterhouse Cases?
They only apply to the federal government
What is the significance of the strict scrutiny test in Korematsu v. U.S.?
It is used to evaluate racial classifications
What is the result of the 'pressing public necessity' in Korematsu v. U.S.?
The classification imposing disadvantage based on race survives strict scrutiny
What is the primary consideration for determining if a right is 'fundamental'?
The source of the unenumerated right and its validity
What type of problem arises when a fundamental right is denied to everyone?
Substantive due process problem
What is the standard of review applied to determine the validity of governmental action in fundamental rights cases?
Strict scrutiny
What is the term used to describe rights that are not explicitly mentioned in the Constitution?
Unenumerated rights
What is the concept that refers to the idea that certain rights are essential to the nation's history and tradition?
Ordered liberty
Which of the following is an example of an unenumerated right?
Right to privacy
Study Notes
Landmark Cases and Fundamental Rights
- Dred Scott v. Sanford: African Americans are not citizens, and the slave trade and fugitive clauses of the Constitution establish them as a separate class of persons. OVERRULED BY THE 14th Amendment
Korematsu v. U.S.
- Facts: Japanese-Americans were required to relocate to camps after Pearl Harbor, and a Japanese-American refused to comply and was convicted
- Holding: Evacuation order was valid, and strict scrutiny applied
- Government justification: National security following Pearl Harbor
- Importance: Only case where a classification imposing disadvantage based on race survived strict scrutiny, due to "pressing public necessity"
Slaughterhouse Cases
- 13th Amendment: Solely prohibits slavery
- 14th Amendment: Only protects rights guaranteed by the US, not individual states
- Privileges and Immunities Clause: Applies to the federal government, not states
- Limits: Use of 13th and 14th Amendments to provide rights to African Americans
- Included rights: First Amendment guarantees, Second Amendment, Fourth Amendment, Fifth Amendment (partial), Sixth Amendment, and Eighth Amendment
Rights Not Applicable to States
- Three provisions: Third Amendment, Fifth Amendment (grand jury indictment), and Seventh Amendment (jury trial in civil cases) have not been incorporated into the Due Process Clause
Racial/Gender Classifications
- Issue: Determine the government's classification
- Second Amendment: Incorporated and applies to the states (McDonald v. Chicago)
Fundamental Rights
- Definition: Rights that are "deeply rooted in the Nation's history and tradition" and "implicit in the concept of ordered liberty"
- Source: May be found in the "penumbras of the Constitution"
- Determination: Courts look at validity and source of unenumerated right, precedent cases
- Protected rights: Certain fundamental rights are protected under the Constitution
- Standards: Strict scrutiny applies to both substantive due process and equal protection problems
- Unenumerated Rights: In addition to rights protected by the first eight Amendments, the Constitution also protects certain rights not specifically mentioned in its text
Test your knowledge of the US Constitution and its amendments, including the First Amendment guarantees, the Second Amendment right to bear arms, and more. Explore the rights and protections provided by the Constitution and see how well you understand these important principles.
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