Selective incorporation | Civil liberties and civil rights | US government and civics | Khan Academy | Summary and Q&A

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May 11, 2018
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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.

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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.

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