7 - Selective Incorporation & the 14th Amendment
What is Selective Incorporation?
Selective incorporation is a judicial doctrine enabling the Supreme Court to apply the Bill of Rights (first ten amendments) to state governments via the Due Process Clause of the 14th Amendment. Initially, the Bill of Rights constrained only the federal government, but through selective incorporation, these rights are extended to protect individuals from state actions as well, enhancing the protection of individual rights.
Mechanism of Selective Incorporation
Selective incorporation operates through judicial review, allowing the Supreme Court to assess if state laws or actions align with the Constitution under the 14th Amendment. This process involves: - Scrutinizing state laws or actions against incorporated Bill of Rights provisions. - Striking down laws or actions that contravene these provisions. - Evaluating historical significance, practical importance, and interests involved to decide on incorporation.
Key Cases and Examples
- McDonald v. Chicago (2010): Addressed the Second Amendment's application to states, affirming the individual's right to bear arms against state regulation.
- Mapp v. Ohio (1961): Enforced the exclusion of illegally seized evidence in court, incorporating the Fourth Amendment's search and seizure protections.
- Gitlow v. New York (1925): Marked the beginning of selective incorporation by applying free speech and press protections against states.
- Palko v. Connecticut (1937): Identified fundamental provisions of the Bill of Rights for incorporation, emphasizing the role of the Due Process Clause.
- Duncan v. Louisiana (1968): Extended the Sixth Amendment's right to a trial by jury to the states.
Impact of Selective Incorporation
Selective incorporation ensures uniform protection of fundamental rights across both federal and state levels, safeguarding individuals against state infringements and maintaining a consistent standard for rights and liberties across the United States.