State actions

Definition

State actions refer to the activities and decisions made by state governments that can affect individuals' rights and liberties. In the context of the 14th Amendment, these actions are scrutinized to ensure that states do not violate the protections guaranteed to citizens, particularly through the doctrine of selective incorporation, which applies certain Bill of Rights provisions to the states on a case-by-case basis. Understanding state actions is crucial for grasping how individual rights are safeguarded from potential overreach by state authorities.

5 Must Know Facts For Your Next Test

1. State actions include legislation, executive orders, and judicial decisions made at the state level that can impact citizens' rights.
2. The 14th Amendment was ratified in 1868 and has been used as a vehicle for applying federal protections against state infringement.
3. Selective incorporation started with cases like 'Gitlow v. New York' (1925), where the Supreme Court ruled that free speech protections applied to states.
4. Through selective incorporation, many but not all rights from the Bill of Rights have been applied to the states, leaving some protections only applicable at the federal level.
5. Understanding state actions is essential for evaluating how states balance their powers with individual rights, particularly in controversial areas like free speech and due process.

Review Questions

• How do state actions impact individual rights in relation to the 14th Amendment?
  • State actions directly affect individual rights as they can either protect or infringe upon these rights. The 14th Amendment acts as a safeguard against unlawful state actions by ensuring equal protection and due process for all citizens. When states enact laws or policies that may limit these rights, courts can review those actions under the lens of the 14th Amendment, determining if they violate constitutional protections.
• Evaluate how selective incorporation relates to state actions and individual freedoms.
  • Selective incorporation connects closely with state actions as it determines which rights from the Bill of Rights apply to states. This evaluation happens through court cases where individuals challenge state laws that may infringe upon their federally protected rights. By selectively incorporating these rights, the Supreme Court plays a crucial role in shaping how state actions align with constitutional freedoms, ensuring that states cannot enact laws that violate fundamental rights.
• Assess the broader implications of state actions on civil liberties in a federal system.
  • In a federal system, state actions have significant implications for civil liberties as they can vary widely from one state to another. This variation means that citizens may experience different levels of protection based on where they live, which raises concerns about equality and fairness in how rights are upheld across the nation. The interplay between state actions, selective incorporation, and the 14th Amendment highlights ongoing debates about federalism and individual freedoms, prompting discussions on whether a uniform standard for civil liberties should be established nationwide.

Related terms

14th Amendment:

The amendment to the U.S. Constitution that grants citizenship rights and equal protection under the law, prohibiting states from denying any person their rights without due process.

Selective Incorporation:

The legal doctrine that ensures that certain protections in the Bill of Rights are applicable to state governments through the 14th Amendment's Due Process Clause.

Due Process:

The legal requirement that the state must respect all legal rights owed to a person, encompassing fair treatment through the normal judicial system.