Selective incorporation is defined as a constitutional doctrine that ensures that states cannot create laws that infringe or take away the constitutional rights of citizens. The part of the constitution that provides for selective incorporation is the 14th Amendment.
The Supreme Court uses the Fourteenth Amendment to selectively incorporate these rights.
The Fourteenth Amendment 📜 states that all persons born or naturalized in the United States are citizens of the United States and of the State that they reside in.
It also states that the State cannot create “any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” It is this part, aka the Equal Protections Clause, that the Supreme Court ⚖️ often cites when making rulings.
An example of this is the court case of McDonald v Chicago (2010), that we reviewed earlier, which ruled to limit gun control laws in Chicago. This relates back to selective incorporation because the citizens’ right to bear arms relates to the states through the Fourteenth Amendment.
Another historic court case related to selective incorporation is Mapp v Ohio (1961). which ruled that illegally seized evidence cannot be used in court against the accused. The Court held that evidence collected from an unlawful search be excluded from trial. This ruling incorporated the Fourth Amendment’s protection of privacy using the Due Process Clause of the 14th Amendment.
🎥 Watch: AP GOPO - Breaking Down the 14th Amendment
🙏 Free Reviews 2020
Required Supreme Court Cases
🏛 Unit 1: Foundations of American Democracy
1.5Ratification of the U.S. Constitution
1.7Relationship Between States and the Federal Government
1.8Constitutional Interpretations of Federalism
⚖️ Unit 2: Interactions Among Branches of Government
2.0Unit 2 Overview: Interactions Among Branches of Government
2.2Structures, Powers, and Functions of Congress
2.4Roles and Power of the President
2.8The Judicial Branch
2.11Checks on the Judicial Branch
✊ Unit 3: Civil Liberties and Civil Rights
3.2First Amendment: Freedom of Religion
3.6Amendments: Balancing Individual Freedom with Public Order and Safety
3.7Selective Incorporation & the 14th Amendment
3.8Amendments: Due Process and the Rights of the Accused
3.11Government Responses to Social Movements
🐘 Unit 4: American Political Ideologies and Beliefs
🗳 Unit 5: Political Participation
🧐 Multiple Choice Questions (MCQ)
✍️ Free Response Questions (FRQ)
AP Gov FRQ: Argument Essay Review (2020)
FRQ: Conceptual Analysis
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