Selective Incorporation Research Paper

This doctrine of selective incorporation enforced the inclusion of the right to a speedy trial within the Fourteenth Amendment, just as it did with the other rights included in the Bill of Rights. The Fourteenth Amendment itself ensures the enforcement of this basic right and makes it applicable to the states (Tokarev, 2012). That being said, no state can deny this right to any individual because it is a basic right guaranteed by the Due Process Clause of the Fourteenth Amendment, as well as written within the Sixth

Think of the word tyrant. Now just imagine that there was a simple and easy way to stop him or her. That’s what the constitution has done for the U.S.A. Our Constitution has protected us against tyranny since the day it was drafted. The constitution is an official document that was written in May 1787 in the city of Philadelphia Pennsylvania. The purpose of the constitution is to form a central federal government, to form a separation between federal and state rights, and to give personal liberties to its citizens.

First, the Constitution guards us from tyranny by dividing powers between the central and state governments otherwise known as federalism. The Constitution expressly granted broad powers to the federal government, but not to the states. For instance, the Constitution includes the Necessary and Proper Clause, which allows Congress to make any law they deem appropriate to fulfill its duties. Instead of showing how much power that states have, the Constitution stressed what the states couldn 't do. The addition of the Bill of Rights, including the Tenth Amendment, helped to correct some of this imbalance. The Tenth Amendment reserved to the states or the people all powers either not specifically delegated to the national government or specifically denied to the states. This meant that the central and state

The Tenth Amendment protects Americans from intrusive federal government action, The federal government only has powers listed in the constitution. Sometimes the federal government may try to do whatever they want, but do not consider the state powers. Federal government must follow the constitution thoroughly because they are only specifically reserved to that.

Basically, the constitution is a set of rules for the government so they don’t acquire too much power. In a state, where distrust of the Government has always been present, it makes sense that the constitution wants to restrict

The Framers of the United States Constitution ultimately decided to give more power to the Federal government rather than the state governments for many reasons. There were many problems with the articles that caused instability in the government, and even a rebellion. Then there’s the Federal government who lacked powers to do anything much because the people were too scared to make the Federal government strong. Lastly, there was the State government who had either too much power or they had power that the Federal government should have. There were a lot of problems with the Articles that needed to be addressed , most of which were addressed.

Selective Incorporation is basically a concept of taking specific parts of the Bill of Right and apply them to the States and local government, on a case by case basis. And That was after the Civil War (1868), when the 14th amendment was past and it has in it two famous clauses which are the ‘due process clause” in which the states can’t be working by a different standard then the National Congress, and the equal protection clause which people have to be protected equally from the Congress and the States government.

The United States Constitution was recognized to Americans as a vague statement in clarifying the privileges and the rights of individuals and centralizing the power within the government itself. With the passing of the Bill of Rights and the first ten amendments, it grants the people to what is said to be their “natural rights” following additional rights that have significantly changed our society.

The United States Constitution is set up for democracy like the colonist wanted. The constitution prevents anarchy and protects your rights. As a citizen you are protected by the Bill of Rights. We are entitled to freedom of speech, religion, and have dual process. We have guaranteed rights, separated powers of government to prevent tyranny, and we elect our representatives under The United States Constitution. The United States Constitution is set up to keep up with changing times.

To begin with, the US Constitution is the foundation in which the country was built on and what also held the country together in difficult times. The constitution was established to keep states from operating as independent countries, and guaranteed certain basic rights for its citizens. “Before Each state acted almost like an independent country. Each ran its own affairs exactly as it saw fit, with little concern for the needs of the republic. The

When the first ten amendments were added to the Constitution, they were planned to shield the public from the national government and not the states. States had their individual constitutions, and their laws only had to comply with their constitution. The founders of our country were very concerned about creating too powerful of a centralized government that might overstep on the given civil liberties of the public. As a protection of individual liberties, the Bill of Rights was formed. The Bill of Rights contains the first ten amendments of the Constitution and protect and preserve inalienable rights against abuse by the federal government.

The Constitution guarded against tyranny by separating the power between the governments. The two types of government are State and Central. A quote that supports this is from James Madison when he states that, “‘...the

In the book, selective incorporation is defined as the, “Process of applying some of the rights in the Bill of Rights to the states to the states through the due process clause of the Fourteenth Amendment (Losco 65).” In other words, selective incorporation is a doctrine that protects the rights, privileges and immunities of the citizens in the United States from state laws. It was created because of the complex debate that comes in the heart of the Constitution itself. A major issue since the beginning of the government was the relationship between the individual states and the national government, and was a heated debate at the Philadelphia convention which produced the Constitution. Additionally, as we learned earlier in history classes

Without the documents like the US Constitution/Bill of Rights, America today wouldn't have any political power amongst states. The “Bill of rights” 10th amendment states, “[t]he powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are

It was not until after the Civil War that the Thirteenth, Fourteenth, and Fifteenth amendments were enacted and began protecting individuals against the states. The Fourteenth Amendment has been the principal means by which this protection has been accomplished. It reads, in part, “No State shall...deprive any person of life, liberty, or property without due process of law.” The Supreme Court had interpreted this guarantee of liberty to embrace the fundamental liberties in the Bill of Rights, meaning that the state governments must observe and protect them to the same extent as the federal government this is also known called incorporation. The amendments in the Bill of Rights are said to be incorporated against the states through the due process clause of the Fourteenth Amendment. There has been an ongoing debate on the Supreme Court about the extent of incorporation, and whether the entire Bill of Rights, or only some of it’s guarantees, should be incorporated against the states.