Selective incorporation

Definition

Selective incorporation is a legal doctrine that ensures that certain protections in the Bill of Rights are applied to state governments through the Fourteenth Amendment's Due Process Clause. This process involves the gradual incorporation of specific rights, meaning that not all rights are automatically applicable to the states, but rather selected rights are recognized as fundamental and thus must be upheld by state laws.

5 Must Know Facts For Your Next Test

1. The process of selective incorporation began in the early 20th century and has continued through various Supreme Court cases that apply specific Bill of Rights protections to the states.
2. Key cases, such as 'Gitlow v. New York' (1925) and 'Mapp v. Ohio' (1961), played significant roles in determining which rights were incorporated and how they applied to state governments.
3. Not all rights in the Bill of Rights have been incorporated; for example, the Third Amendment's prohibition against quartering soldiers has not been applied to the states.
4. Selective incorporation uses a case-by-case approach, meaning that courts evaluate each right to decide whether it is fundamental enough to warrant incorporation.
5. The concept underscores the balance between federal and state powers, ensuring that individual rights are protected across all jurisdictions.

Review Questions

• How does selective incorporation relate to the protections afforded by the Fourteenth Amendment?
  • Selective incorporation is deeply tied to the Fourteenth Amendment because it is through this amendment's Due Process Clause that many Bill of Rights protections are extended to state governments. The amendment ensures that individuals have certain fundamental rights that cannot be infringed upon by state laws. By selectively incorporating these rights, courts have reinforced the principle that states must adhere to certain federal standards of justice and personal freedoms.
• Discuss the significance of key Supreme Court cases in the process of selective incorporation.
  • Supreme Court cases like 'Gitlow v. New York' established the precedent for applying First Amendment rights at the state level, marking a significant shift in how individual freedoms were protected against state actions. Other cases, such as 'Mapp v. Ohio', further solidified protections against unreasonable searches and seizures within state courts. Each case illustrates how selective incorporation gradually expanded civil liberties across the United States, demonstrating the evolving interpretation of the Constitution.
• Evaluate how selective incorporation has impacted the relationship between federal and state powers regarding individual rights.
  • Selective incorporation has fundamentally altered the relationship between federal and state powers by imposing certain national standards for individual rights on state governments. This process ensures that citizens enjoy a baseline level of protection regardless of where they live, thus reinforcing federal authority over states in matters concerning civil liberties. It highlights a dynamic interplay where federal courts interpret and apply constitutional protections, which can lead to tensions between states’ rights and individual freedoms as defined by national standards.

Related terms

Fourteenth Amendment: An amendment to the United States Constitution that grants citizenship rights and equal protection under the law, and serves as the primary basis for selective incorporation.

Bill of Rights: The first ten amendments to the United States Constitution, which outline individual liberties and protections against government actions.

Due Process Clause: A clause in the Fourteenth Amendment that prohibits state governments from denying individuals their basic rights without due process of law.