AP U.S. Government topic quiz4 questions

3.7 Selective Incorporation

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Question 1

Question 1 of 4

A state court applies an incorporated Bill of Rights guarantee to local officials. Which function of the Fourteenth Amendment is being used?

Selective incorporation treats fundamental Bill of Rights guarantees as protected liberty under the Fourteenth Amendment. That doctrine makes the guarantees enforceable against state and local government.
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C. Protection of liberty through the Due Process Clause

Selective incorporation treats fundamental Bill of Rights guarantees as protected liberty under the Fourteenth Amendment. That doctrine makes the guarantees enforceable against state and local government.

Question 2

Question 2 of 4

Before the Fourteenth Amendment, a wharf owner invoked the Fifth Amendment directly against Baltimore. Barron v. Baltimore rejected the claim because

Barron read the Bill of Rights as limiting the federal government. The Fourteenth Amendment later supplied the principal route for applying many guarantees to states and localities.
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D. the Bill of Rights then limited only the federal government

Barron read the Bill of Rights as limiting the federal government. The Fourteenth Amendment later supplied the principal route for applying many guarantees to states and localities.

Question 3

Question 3 of 4

A state revokes an existing occupational license without notice or an opportunity for the license holder to respond. Which claim most directly addresses the defect?

The complaint concerns the method used to deprive the holder of an existing property interest. Notice and a meaningful opportunity to respond are recurring requirements of procedural due process; the claimant is not asserting an incorporated Bill of Rights provision.
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A. Procedural due process

The complaint concerns the method used to deprive the holder of an existing property interest. Notice and a meaningful opportunity to respond are recurring requirements of procedural due process; the claimant is not asserting an incorporated Bill of Rights provision.

Question 4

Question 4 of 4

After a state jury acquits a defendant, state prosecutors retry the same offense because a new witness has appeared. Which response is best?

The Double Jeopardy Clause applies to the states and gives an acquittal special finality. A newly discovered witness does not let the same sovereign retry the acquitted offense, and changing prosecutors does not create a new sovereign. The separate-sovereigns doctrine concerns prosecutions by distinct governments, not a second attempt by the same state.
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B. The Double Jeopardy Clause applies to the states and generally bars the same sovereign from retrying an acquitted offense

The Double Jeopardy Clause applies to the states and gives an acquittal special finality. A newly discovered witness does not let the same sovereign retry the acquitted offense, and changing prosecutors does not create a new sovereign. The separate-sovereigns doctrine concerns prosecutions by distinct governments, not a second attempt by the same state.

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