The Constitutional Doctrine Of Selective Incorporation

1580 Words7 Pages
“...No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection on the laws (US Const. amend. XIV, sec. 1)”. Selective incorporation is a constitutional doctrine that guarantees that states cannot enforce laws that deprive American citizens of their constitutional rights given in the Bill of Rights. The Fourteenth Amendment passed in 1868, still upholds a controversial role. Although the initial intention of the Fourteenth Amendment was to implement equality for newly freed slaves, its power expanded to justifying the application of federal rights granted by the Bill of Rights to state governments. On a case by case basis, the Supreme Court decides on which aspects of the Bill of Rights it will apply to the states. The idea of selective incorporation has influenced American federalism tremendously due to multiple variances in opposing and supporting outlooks. Numerous cases of violated rights will be the topic of discussion, and how selective incorporation has brought justice among them all. Demonstrated in this paper will be how Selective Incorporation has made a significant difference in America, and reflect on how it came about. Prior to the submission of the Constitution to the states in 1787, the government was established on the seven Articles
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