Selective incorporation

Definition

Selective incorporation is a constitutional doctrine that ensures that certain protections in the Bill of Rights apply to state governments through the Fourteenth Amendment's Due Process Clause. This means that while the federal government is bound by the Bill of Rights, states are also required to respect certain fundamental rights, which has been established through various Supreme Court rulings over time. It bridges the gap between federalism and individual liberties by making sure that citizens have their rights protected not only from the federal government but also from state actions.

5 Must Know Facts For Your Next Test

1. Selective incorporation began with the Supreme Court case Gitlow v. New York in 1925, which was the first case to apply a First Amendment right to state law.
2. Over time, various amendments have been selectively incorporated, with some rights like freedom of speech and religion being applied to the states, while others, like the right to bear arms, have had more recent incorporation debates.
3. The process of selective incorporation has happened gradually through a series of Supreme Court decisions that have interpreted the scope of the Fourteenth Amendment.
4. Not all rights in the Bill of Rights have been incorporated; for instance, the Third Amendment's protection against quartering soldiers has not been applied to the states.
5. Selective incorporation reinforces the principle that state laws must comply with fundamental human rights and freedoms outlined in the Constitution.

Review Questions

• How has selective incorporation changed the relationship between state and federal governments regarding individual rights?
  • Selective incorporation has fundamentally altered the balance of power by ensuring that states cannot infringe upon certain individual rights that are protected under the Bill of Rights. Prior to this doctrine, states had more latitude in how they treated citizens' rights. With selective incorporation, it creates a uniform standard for essential freedoms across both federal and state levels, ultimately strengthening protections for individuals against state actions.
• Evaluate the implications of selective incorporation on civil liberties in modern America.
  • The implications of selective incorporation on civil liberties are profound as it extends federal protections of individual rights to all states, ensuring a baseline level of rights for every citizen regardless of where they live. This judicial approach promotes greater uniformity and consistency in how rights are upheld across different jurisdictions. It also means that when states enact laws that may infringe upon these rights, they can be challenged in court based on their inconsistency with federally protected liberties.
• Assess how selective incorporation reflects the ongoing tension between state sovereignty and individual rights within American constitutional law.
  • Selective incorporation illustrates a crucial tension between state sovereignty and individual rights as it necessitates that states uphold certain constitutional protections while still allowing for local governance. On one hand, it empowers individuals by preventing states from enacting laws that violate fundamental rights. On the other hand, it challenges states' abilities to govern according to local values and needs. This tension continues to influence debates about federalism and civil liberties in American law, often leading to significant legal battles over what constitutes a fundamental right worthy of protection against state encroachment.

Related terms

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

Due Process Clause: A clause in the Fourteenth Amendment that guarantees individuals fair treatment under the law and prohibits arbitrary denial of life, liberty, or property.

Incorporation Doctrine: The legal concept that involves applying the Bill of Rights to the states through the Fourteenth Amendment, allowing for greater protection of individual rights.