Selective incorporation | Civil liberties and civil rights | US government and civics | Khan Academy

TL;DR

Selective incorporation is the process by which the 14th Amendment is used to limit state laws that infringe upon individual rights.

Transcript

• [Presenter] Let's talk a little bit about selective incorporation. You are already likely familiar that the first 10 amendments of the United States Constitution are the Bill of Rights. Bill of Rights. And especially the first eight of these are all about protecting individuals rights. So you have those rights. But then there's a question. To wha... Read More

Key Insights

• 🗯️ Selective incorporation is the process of using the 14th Amendment to limit state laws that infringe upon individual rights.
• 🗯️ The Supreme Court has selectively incorporated rights from the Bill of Rights into state laws using the 14th Amendment's due process clause.
• 🗯️ Recent cases, such as District of Columbia v. Heller and McDonald v. Chicago, have demonstrated the application of selective incorporation to protect 2nd Amendment rights.
• 🗯️ The 14th Amendment serves as the justification for selectively incorporating rights and preventing state infringement on individual liberties.
• 🗯️ Selective incorporation helps balance the power between federal and state governments by ensuring the protection of fundamental rights.
• 🈸 The process of selective incorporation has evolved through various Supreme Court decisions, shaping the interpretation and application of the 14th Amendment.
• 🇺🇸 The doctrine of selective incorporation is a vital component of constitutional law in the United States.

Questions & Answers

Q: What is selective incorporation?

Selective incorporation is a judicial doctrine that allows rights from the Bill of Rights to be incorporated into state laws to protect individuals' rights. It is done through the 14th Amendment's due process clause.

Q: How does the due process clause of the 14th Amendment protect individual rights?

The due process clause of the 14th Amendment states that no state can deprive any person of life, liberty, or property without due process of law. It serves as the basis for selectively incorporating rights from the Bill of Rights to limit state laws.

Q: Can state laws infringe upon the rights described by the 5th Amendment?

No, state laws cannot limit the rights described by the 5th Amendment. The Supreme Court has ruled that the due process clause of the 14th Amendment incorporates the 5th Amendment and prevents states from infringing upon those rights.

Q: How have recent Supreme Court cases applied selective incorporation?

In the cases of District of Columbia v. Heller and McDonald v. Chicago, the Supreme Court selectively incorporated the 2nd Amendment using the 14th Amendment's due process clause. They ruled that neither the District of Columbia nor Chicago could pass laws that violated individuals' 2nd Amendment rights.

Summary & Key Takeaways

• The first eight amendments of the United States Constitution, known as the Bill of Rights, protect individuals' rights.

• The 14th Amendment's due process clause prevents states from depriving individuals of life, liberty, or property without due process of law.

• The Supreme Court has selectively incorporated certain rights from the Bill of Rights using the 14th Amendment's due process clause to limit state laws.