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Sunstein’s Michele Liu Baillie Elected to Chair The Boston Club Board of Directors

July 12, 2024

Tucker Arensberg Welcomes Accomplished Attorney Heidi R. Freese to the Firm as a Shareholder

July 11, 2024

Sunstein’s Michele Liu Baillie Elected to Chair The Boston Club Board of Directors

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Allison Stevenson Appointed to the Florida Bar Constitutional Judiciary Committee

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Which U.S. Supreme Court case first established the principle that the Bill of Rights applies to the states through the doctrine of incorporation?

WRONG! This answer is incorrect. “Marbury v. Madison” (1803) established the principle of judicial review, which allows the Supreme Court to invalidate laws that are in conflict with the Constitution. It did not address the incorporation of the Bill of Rights to the states.

CORRECT! The U.S. Supreme Court case “Gitlow v. New York” (1925) is significant for being one of the first cases in which the Court held that the Fourteenth Amendment’s Due Process Clause extended the reach of certain provisions of the First Amendment to the states. In this case, the Court ruled that freedoms of speech and press are fundamental personal rights and liberties protected by the due process clause of the Fourteenth Amendment from impairment by the states. This case marked the beginning of the doctrine of incorporation, where the Bill of Rights’ protections were gradually applied to state governments, significantly altering the landscape of American constitutional law by ensuring individual rights at both the federal and state levels.

WRONG! This answer is incorrect. “Plessy v. Ferguson” (1896) upheld state laws requiring racial segregation under the “separate but equal” doctrine. It did not involve the application of the Bill of Rights to the states.

WRONG! This answer is incorrect. “Dred Scott v. Sandford” (1857) ruled that African Americans could not be American citizens and had no standing to sue in federal court. It was a pro-slavery decision and did not address the issue of the incorporation of the Bill of Rights.

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