Selective Incorporation AP GOV
Bill of Rights Overview
Initially applied only to Federal Government.
Barron vs. Baltimore (1833) confirmed this doctrine.
States created their own rights protections (e.g., Virginia Declaration of Rights).
Founders feared Federal rather than State power.
Civil Liberties Pre-Civil War
Bill of Rights did not limit state laws.
Example: Massachusetts Constitution allowed compulsory church attendance until 1833.
Civil Liberties Post-Civil War
Civil War highlighted state dangers to national unity.
Reconstruction aimed at increasing Federal power over states.
Led to the 14th Amendment, granting citizenship to Black Americans and ensuring states cannot violate rights.
14th Amendment Implications
Defines citizenship and protects from state deprivation of life/liberty/property without due process.
Raises question of whether the rest of the Bill of Rights applies to states.
Selective Incorporation
Supreme Court case-by-case interpretation of how the 14th Amendment applies rights from the Bill of Rights to states.
Definition: Process by which parts of the Bill of Rights apply to state governments.
Incorporated Rights
Amendment | Right | Case Incorporated | Date |
|---|---|---|---|
1 | Speech | Gitlow v. New York | 1925 |
1 | Press | Near v. Minnesota | 1931 |
1 | Assembly | DeJonge v. Oregon | 1949 |
1 | Religion | Cantwell v. Connecticut | 1940 |
2 | Bear Arms | McDonald v. City of Chicago | 2010 |
4 | Unreasonable Searches | Mapp v. Ohio | 1961 |
6 | Counsel | Gideon v. Wainwright | 1963 |
8 | No Cruel and Unusual Punishment | Robinson v. California | 1962 |
Rights Not Incorporated
3rd Amendment (quartering troops).
5th Amendment (grand jury).
6th Amendment (jury from district of crime).
7th Amendment (civil jury trials).
9th Amendment (implied rights).
10th Amendment (reserved powers to states).
Outcomes of Selective Incorporation
Establishes uniform protection of Bill of Rights.
Recognizes some rights as more fundamental.
Increases Supreme Court power, reduces state power.