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Selective Incorporation
This deck covers the concept of selective incorporation, its purpose, related Supreme Court cases, and its impact on American constitutional law.
What is selective incorporation?
Selective incorporation is a doctrine describing the ability of the federal government to prevent states from enacting laws that violate some of the basic constitutional rights of American citizens.
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Key Terms
Term
Definition
What is selective incorporation?
Selective incorporation is a doctrine describing the ability of the federal government to prevent states from enacting laws that violate some of the b...
What is the purpose of selective incorporation?
The purpose of the policy is to protect American citizens from laws and procedures developed at the state level, which could potentially infringe upon...
Is selective incorporation a law?
Selective incorporation is not a law, but a doctrine that has been established and confirmed time and again by the United States Supreme Court.
In which case did the Court reject total incorporation and adopt the doctrine of selective incorporation as well as the guidelines for applying it.
1937 case of Palko v. Connecticut
What are some examples Supreme Court Cases involving the selective incorporation doctrine?
Examples include: -Gitlow v. New York (1925), this was the first time that the Supreme Court ruled that states must protect freedom of speech. -Cantwe...
What are some of the rights applied to states through selective incorporation.
Not all protections guaranteed in the Bill of Rights have been applied to states. Among those that do apply to states are: First Amendment: Freedom of...
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| Term | Definition |
|---|---|
What is selective incorporation? | Selective incorporation is a doctrine describing the ability of the federal government to prevent states from enacting laws that violate some of the basic constitutional rights of American citizens. |
What is the purpose of selective incorporation? | The purpose of the policy is to protect American citizens from laws and procedures developed at the state level, which could potentially infringe upon their rights, as defined in the Bill of Rights. |
Is selective incorporation a law? | Selective incorporation is not a law, but a doctrine that has been established and confirmed time and again by the United States Supreme Court. |
In which case did the Court reject total incorporation and adopt the doctrine of selective incorporation as well as the guidelines for applying it. | 1937 case of Palko v. Connecticut |
What are some examples Supreme Court Cases involving the selective incorporation doctrine? | Examples include: -Gitlow v. New York (1925), this was the first time that the Supreme Court ruled that states must protect freedom of speech. -Cantwell v. Connecticut (1940), the Court ruled that a state statute could not put restrictions on religious speech. -Brown v. the Board of Education (1954), the Court ruled against a state's ability to use racial discrimination in public education. -Gideon v. Wainwright (1963), the Supreme Court ruled that states must provide an attorney for criminal defendants who cannot afford to hire their own attorney. |
What are some of the rights applied to states through selective incorporation. | Not all protections guaranteed in the Bill of Rights have been applied to states. Among those that do apply to states are: First Amendment: Freedom of religion, speech, press, and assembly, Second Amendment: The right to keep and bear arms, Fourth Amendment: Freedom from unreasonable search and seizure Fifth Amendment: The right to not incriminate oneself, double jeopardy, and due process, Sixth Amendment: The right to a fast and public trial, Eighth Amendment: Freedom from cruel and unusual punishment |
What is total incorporation? | A doctrine that applies all the guarantees of the Bill of Rights to the state level without exception; this doctrine has never been adopted by a Supreme Court majority opinion, although several dissenting justices have advocated for it |
What is due process? | The legal requirement that an individual's rights must be respected by a state or government; protected at the federal level by the Fifth Amendment, and at the state level by the Fourteenth |
What does the 14th amendment guarantee? | Explicitly guarantees certain rights against infringement by states, including citizenship, due process, and equal protection for all citizens; before the Amendment's 1868 adoption, these rights were protected at the Federal level by the Bill of Rights, but not explicitly at the state level |
What is the Bill of Rights? | The first ten amendments to the US Constitution, ratified in 1791 and guaranteeing such rights as the freedoms of speech, assembly, and worship. |
Where does the justification for selective incorporation come from? | 14th Amendment |
What was the impact of the Palko v Connecticut case? | For the next 35 years, the Court incorporated more of the Bill of Rights into the due process clause of the 14th Amendment |
What was the importance of the Barron v Baltimore case? | Supreme Court ruled that the Bill of Rights only applied to the federal government. |
How did the 1925 case of Gitlow v New York effect selective incorporation? | In the 1925 case of Gitlow v. New York, the Supreme Court held for the first time that the states must protect freedom of speech. Since then, a series of court decisions have applied some, but not all, of the individual protections in the Bill of Rights to state governments. This case-by-case approach to deciding which portions of the Bill of Rights to apply to the states is known as selective incorporation. |
How is the process of selective incorporation done? | It is done through rulings on court cases that deal in rights violation. |