The Rights Of The United States

1690 Words7 Pages
John F. Kennedy once said, “ Let every nation know, whether it wishes us well or ill, that we shall pay any price, bear any burden, meet any hardship, support any friend, oppose any foe to assure the survival and the success of liberty.” Indeed throughout the course of U.S. history, people’s liberty has been emphasized as one of the most important rights of American people. Liberty is understood as a basic right of freedom to which everyone can engage in certain actions without control or interference by a government or other power. Based on that principle, selective incorporation is a process of constitutional law in which some provisions of the Bill of Rights are nationalized to the states through the nationalization of Fourteenth…show more content…
To clarify, Near was accused of violating a law because he revealing wrongdoings of the local government. Moreover, trial judge issued an injunction “preventing Near from publishing the newspaper in the future” (“Near”). As one can see, Minnesota officials felt the need to stop and prevent someone from incriminating their misconducts. But obviously, their decision has violated Near’s freedom of press which states have to obey due to “Due Process Clause of the Fourteenth Amendment” (“Near”). At the end, Near appealed the case to the U.S. Supreme Court; finally, the court “voted 5–4 to declare the Minnesota Gag Law unconstitutional “(“Near”). It is important to realize that because of the process of selective incorporation, the federal government has the duty to reinforce states in protecting their people’s liberty. Similar to Near v. Minnesota, selective incorporation had helped Lawrence Robinson win the case of Robinson v. California in which the Supreme Court’s decision regarded of the Eighth Amendment, the cruel-and-unusual-punishment clause. The issue occurs when Robinson was “searched and questioned” by Officer Brown “on the streets of Los Angeles” even
Get Access