Question

the effects of gitlow v. new york
which statements describe a result of gitlow v. new york? check all that apply.

• through incorporation, the first amendment applied to state law.
• constitutional amendments cannot be incorporated as needed.
• the fourteenth amendment made the constitution superior to state law.
• the states are not responsible for following the bill of rights.
• the due process clause can be used to incorporate the bill of rights.

Explanation:

1. Gitlow v. New York established that through incorporation (via the Fourteenth Amendment's due process clause), the First Amendment's freedom of speech (in this case, Gitlow's socialist manifesto) applied to state law. So "Through incorporation, the First Amendment applied to state law" is correct.
2. "Constitutional amendments cannot be incorporated as needed" is incorrect because Gitlow was an example of incorporation.
3. The Fourteenth Amendment's due process clause helps make the Constitution (federal law) superior to state law in terms of fundamental rights, so "The Fourteenth Amendment made the Constitution superior to state law" is correct.
4. "The states are not responsible for following the Bill of Rights" is incorrect; incorporation is about applying Bill of Rights to states.
5. "The due process clause can be used to incorporate the Bill of Rights" is correct, as Gitlow used the Fourteenth Amendment's due process clause to incorporate First Amendment rights to the states.

Answer:

• Through incorporation, the First Amendment applied to state law.
• The Fourteenth Amendment made the Constitution superior to state law.
• The due process clause can be used to incorporate the Bill of Rights.