Selectively incorporated

Definition

Selectively incorporated refers to the legal doctrine that allows certain protections in the Bill of Rights to be applied to the states through the Due Process Clause of the 14th Amendment. This process ensures that state laws and actions also respect fundamental rights, preventing states from infringing upon individual liberties. Over time, various Supreme Court rulings have determined which rights are considered essential and therefore selectively incorporated.

5 Must Know Facts For Your Next Test

1. The process of selective incorporation began with the Supreme Court case Gitlow v. New York in 1925, which established that free speech protections apply to state laws.
2. Not all rights in the Bill of Rights have been incorporated; for example, the right to bear arms was incorporated through the Second Amendment in McDonald v. City of Chicago in 2010.
3. The Supreme Court uses a case-by-case approach to determine which rights are fundamental and should be incorporated, leading to varying interpretations over time.
4. Selective incorporation protects individuals from state infringement on rights such as free speech, religion, and the right to counsel.
5. The process reflects an ongoing balancing act between federal and state powers in protecting individual liberties and ensuring a uniform standard of rights across the nation.

Review Questions

• How did the Supreme Court's ruling in Gitlow v. New York contribute to the process of selective incorporation?
  • The Supreme Court's ruling in Gitlow v. New York marked a significant step in the process of selective incorporation by applying First Amendment protections related to free speech to state laws. The decision established that states could not infringe upon individual rights guaranteed by the federal Constitution, thus expanding the scope of civil liberties beyond just federal jurisdiction. This case set a precedent for further rulings that would selectively incorporate additional rights against state actions.
• Discuss the implications of selective incorporation on states' rights and individual liberties in the United States.
  • Selective incorporation has significant implications for both states' rights and individual liberties. By applying certain Bill of Rights protections to the states, it limits state power and ensures that individuals have fundamental rights safeguarded from state interference. This creates a more uniform standard for civil liberties across all states, but can also lead to tensions between federal authority and state autonomy as states seek to exercise their powers within their jurisdictions.
• Evaluate how selective incorporation has evolved over time and its impact on American civil rights since the early 20th century.
  • Since its inception in the early 20th century, selective incorporation has evolved significantly through various landmark Supreme Court cases, shaping American civil rights. This evolution has allowed for broader protections of individual liberties against state actions, particularly regarding issues like free speech, religion, and due process. As societal values change and new challenges arise, courts continue to interpret and apply selective incorporation, reflecting an adaptive legal landscape that influences contemporary debates on civil rights and personal freedoms.

Related terms

14th Amendment:

The 14th Amendment is a constitutional amendment ratified in 1868 that grants citizenship to all persons born or naturalized in the United States and provides equal protection under the law.

Due Process Clause:

The Due Process Clause is part of the 14th Amendment, prohibiting states from denying any person life, liberty, or property without due process of law.

Incorporation Doctrine:

The Incorporation Doctrine is the constitutional doctrine through which selected provisions of the Bill of Rights are applied to the states using the 14th Amendment.