Selective Incorporation
Definition
Selective incorporation is a constitutional doctrine that ensures states cannot enact laws that infringe or take away the constitutional rights of American citizens that are enshrined in the Bill of Rights.
Analogy
Think of selective incorporation like a safety net at a trampoline park. The safety net (the Constitution) protects you (the citizen) from falling off the trampoline (your rights being violated). Even if each individual trampoline represents different states, they all must have this safety net.
Related terms
Incorporation Doctrine: This is the legal principle used to apply the protections of the Bill of Rights to state laws. It's like an umbrella term for selective incorporation.
Due Process Clause: This clause in the Fourteenth Amendment guarantees that no state will deprive any person of life, liberty, or property without due process of law. It's like your personal bodyguard ensuring you're treated fairly.
Civil Liberties: These are basic freedoms guaranteed by the Bill of Rights or interpreted through courts over time. They're like your personal set of tools for living freely and safely in society.
"Selective Incorporation" appears in:
Practice Questions (20+)
What is selective incorporation?
How does selective incorporation work?
In the context of selective incorporation, what does the Supreme Court evaluate?
Which court case established that the Second Amendment right to bear arms applies to the states through selective incorporation?
What is the significance of the Mapp v. Ohio (1961) case in the context of selective incorporation?
What is the purpose of selective incorporation?
What is the role of the Supreme Court in the process of selective incorporation?
Which amendment to the US Constitution provides the basis for selective incorporation?
What does 'selective incorporation' refer to in terms of U.S. constitutional law?
Which Supreme Court case first applied selective incorporation?
Which part of the Constitution is primarily responsible for the concept of selective incorporation?
How does Selective Incorporation relate to the Bill of Rights?
What role did selective incorporation play in court cases like "Mapp v Ohio" and "Miranda v Arizona"?
How does selective incorporation enhance the reach and applicability of the 14th Amendment?
How has selective incorporation contributed towards building a more uniform interpretation of civil liberties across states?
How did selective incorporation play a role in enforcing desegregation following Brown v Board decision?
What does the concept of "selective incorporation" primarily refer to in the context of American constitutional law?
What part of the Fourteenth Amendment is most closely associated with selective incorporation?
What was the impact of selective incorporation on states' ability to limit individual rights?
How did selective incorporation lead to uniform interpretation of civil liberties across all states?
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