Selective Incorporation

Definition

Selective incorporation is a constitutional doctrine that ensures that certain fundamental rights, guaranteed in the Bill of Rights, are applicable to the states through the Due Process Clause of the 14th Amendment. This process prevents states from enacting laws that infringe on these rights, creating a balance between state and federal power. By selectively applying specific rights rather than the entire Bill of Rights to the states, the Supreme Court has shaped how individual liberties are protected at both levels of government.

5 Must Know Facts For Your Next Test

1. The process of selective incorporation began in the early 20th century and accelerated with landmark Supreme Court cases like Gitlow v. New York (1925).
2. Not all rights in the Bill of Rights have been incorporated; only those deemed 'fundamental' to the concept of ordered liberty have been applied to the states.
3. Incorporation has occurred on a case-by-case basis, with the Court determining which rights are essential through various rulings.
4. The concept aims to ensure that states cannot infringe upon rights such as free speech, religion, and the right to bear arms.
5. Selective incorporation highlights the dynamic relationship between state and federal powers, showcasing how individual rights can be protected against state infringement.

Review Questions

• How has selective incorporation affected the relationship between federal and state powers regarding individual rights?
  • Selective incorporation has significantly altered the relationship between federal and state powers by ensuring that certain fundamental rights are protected from state interference. This means that while states have their own laws and regulations, they cannot violate rights that have been incorporated from the Bill of Rights. As a result, individuals can challenge state laws in federal courts if they believe their constitutional rights have been infringed upon, thereby reinforcing federal authority over state actions in protecting individual liberties.
• What role does the 14th Amendment play in the doctrine of selective incorporation, and how has it influenced Supreme Court decisions?
  • The 14th Amendment plays a central role in selective incorporation by providing the legal foundation for applying certain rights from the Bill of Rights to the states through its Due Process Clause. This amendment has been cited in numerous Supreme Court cases where justices have determined whether specific rights are fundamental to American liberty. The influence of the 14th Amendment has led to significant rulings that extend protections against state actions, highlighting its critical importance in shaping civil liberties in the United States.
• Evaluate the implications of selective incorporation for civil liberties and how it affects contemporary legal challenges.
  • Selective incorporation has profound implications for civil liberties as it provides a mechanism for individuals to seek redress when their rights are violated by state laws. By ensuring that fundamental rights are universally protected across both federal and state levels, it empowers citizens to challenge unjust legislation or practices. In contemporary legal challenges, this doctrine continues to be relevant as courts navigate complex issues such as free speech on social media, gun control laws, and privacy rights, ensuring that states adhere to national standards of justice and equality.

Related terms

Bill of Rights: The first ten amendments to the U.S. Constitution that guarantee fundamental rights and liberties to individuals.

14th Amendment: An amendment to the U.S. Constitution that grants citizenship and equal protection under the law, serving as a crucial vehicle for selective incorporation.

Due Process Clause: A clause in the 14th Amendment that prohibits states from denying any person 'life, liberty, or property' without due process of law.