Selective Incorporation Flashcards

Questions and Answers

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?

False

In which case did the Court adopt the doctrine of selective incorporation?

Palko v. Connecticut (1937) Signup and view all the answers

What are some examples of Supreme Court cases involving selective incorporation?

Examples include Gitlow v. New York, Cantwell v. Connecticut, Brown v. Board of Education, and Gideon v. Wainwright. Signup and view all the answers

What are some rights applied to states through selective incorporation?

First Amendment rights (freedom of religion, speech, press, and assembly), Second Amendment (right to keep and bear arms), Fourth Amendment (freedom from unreasonable search and seizure), Fifth Amendment (right to not incriminate oneself), Sixth Amendment (right to a fast and public trial), Eighth Amendment (freedom from cruel and unusual punishment). Signup and view all the answers

What is total incorporation?

Total incorporation is a doctrine that applies all the guarantees of the Bill of Rights to the state level without exception. Signup and view all the answers

What is due process?

Due process is the legal requirement that an individual's rights must be respected by a state or government. Signup and view all the answers

What does the 14th Amendment guarantee?

The 14th Amendment guarantees certain rights against infringement by states, including citizenship, due process, and equal protection for all citizens. Signup and view all the answers

What is the Bill of Rights?

The Bill of Rights is the first ten amendments to the US Constitution, ratified in 1791. Signup and view all the answers

Where does the justification for selective incorporation come from?

The justification comes from the 14th Amendment. Signup and view all the answers

What was the impact of the Palko v Connecticut case?

The impact was that the Court incorporated more of the Bill of Rights into the due process clause of the 14th Amendment over the next 35 years. Signup and view all the answers

What was the importance of the Barron v Baltimore case?

The importance was that the Supreme Court ruled that the Bill of Rights only applied to the federal government. Signup and view all the answers

How did the 1925 case of Gitlow v New York affect selective incorporation?

Gitlow v. New York established that states must protect freedom of speech, leading to further application of individual rights through selective incorporation. Signup and view all the answers

How is the process of selective incorporation done?

It is done through rulings on court cases that deal with rights violations. Signup and view all the answers

Study Notes

Selective Incorporation Overview

Selective incorporation allows the federal government to prevent state laws that infringe on basic constitutional rights.
This doctrine is vital for protecting citizens from potentially harmful state laws against their rights outlined in the Bill of Rights.

Purpose and Nature

Aims to safeguard individual rights at the state level, ensuring laws do not violate rights established federally.
It is a doctrine, not a formal law, confirmed by numerous Supreme Court rulings over the years.

Key Supreme Court Cases

Palko v. Connecticut (1937): Established selective incorporation, moving away from total incorporation.
Gitlow v. New York (1925): First Supreme Court case mandating states protect freedom of speech.
Cantwell v. Connecticut (1940): Confirmed that states cannot restrict religious speech.
Brown v. Board of Education (1954): Declared illegal state-sanctioned racial discrimination in education.
Gideon v. Wainwright (1963): Required states to provide attorneys for criminal defendants who cannot afford one.

Rights Incorporated to States

Selective incorporation does not extend all Bill of Rights protections to states; rights that do include:
- First Amendment: Freedom of religion, speech, press, and assembly.
- Second Amendment: Right to keep and bear arms.
- Fourth Amendment: Protection from unreasonable searches and seizures.
- Fifth Amendment: Rights against self-incrimination, double jeopardy, and for due process.
- Sixth Amendment: Right to a speedy and public trial.
- Eighth Amendment: Protection from cruel and unusual punishment.

Additional Concepts

Total Incorporation: A doctrine that would apply all Bill of Rights guarantees to states; never achieved majority support in Court decisions.
Due Process: A legal principle ensuring that individual rights are upheld by the government, safeguarded by the Fifth and Fourteenth Amendments.
Fourteenth Amendment: Guarantees citizenship, due process, and equal protection, extending protections at the state level.
Bill of Rights: First ten amendments to the U.S. Constitution ratified in 1791, securing fundamental freedoms.

Historical Context

Barron v. Baltimore: Established that the Bill of Rights applied only to the federal government, emphasizing the limited application of rights before selective incorporation.
Gitlow's decision marked a turning point in applying Bill of Rights provisions to state law, initiating a selective incorporation approach through subsequent rulings.

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Description

Test your knowledge on selective incorporation with these flashcards. Learn the definition, purpose, and implications of this doctrine in American constitutional law. Perfect for students of political science and law.