What is selective incorporation?

Selective Incorporation

Selective incorporation is a constitutional doctrine through which selected provisions of the U.S. Bill of Rights are made applicable to the states through the Due Process clause of the Fourteenth Amendment. Before the doctrine of incorporation, the Bill of Rights was understood to apply only to the federal government.

• How it Works: Selective incorporation is a case-by-case process. The Supreme Court decides whether a specific right is "fundamental to the American scheme of justice" or "essential to a fair trial". If so, the Court incorporates that right, meaning the states cannot violate it.

• Fourteenth Amendment's Role: The https://www.wikiwhat.page/kavramlar/Fourteenth%20Amendment's Due Process clause states that no state shall "deprive any person of life, liberty, or property, without due process of law." This clause is the vehicle by which the Supreme Court applies the Bill of Rights to the states.

• Not All Rights Incorporated: It's important to note that not all of the Bill of Rights has been incorporated. Some rights, such as the https://www.wikiwhat.page/kavramlar/Right%20to%20bear%20arms (Second Amendment) and the https://www.wikiwhat.page/kavramlar/Freedom%20of%20speech (First Amendment), have been incorporated, while others, such as the right to a grand jury indictment in criminal cases (Fifth Amendment), have not.

• Importance: Selective incorporation has significantly expanded the protection of individual liberties against state governments. It ensures that states cannot infringe upon rights that are considered fundamental to American justice.

• Contrast with Total Incorporation: Selective incorporation is distinct from total incorporation, which posits that all of the Bill of Rights should automatically apply to the states. The Supreme Court has explicitly rejected total incorporation.