Why is the concept of "selective incorporation" important tot he 14th Amendment?(1 point) Responses It protects states' rights by saying that each of the rights and liberties in the Constitutional Amendments has to be incorporated into the states on a case-by-case basis. It protects states' rights by saying that each of the rights and liberties in the Constitutional Amendments has to be incorporated into the states on a case-by-case basis. It says that all the rights and liberties in the Bill of Rights applied to the states.
The correct response is: It says that all the rights and liberties in the Bill of Rights applied to the states.
The concept of selective incorporation is important to the 14th Amendment because it ensures that the rights and liberties protected by the Bill of Rights are extended and applied to the states. Prior to the 14th Amendment, the Bill of Rights only applied to the federal government. Selective incorporation is a legal doctrine that has been used by the courts to apply specific provisions of the Bill of Rights to the states through the Due Process Clause of the 14th Amendment. This helps to protect individual rights and liberties from infringement by state governments.
The correct answer is: It says that all the rights and liberties in the Bill of Rights applied to the states.
The concept of "selective incorporation" is important to the 14th Amendment because it ensures that the rights and liberties guaranteed by the Bill of Rights apply to the states. The 14th Amendment, ratified in 1868, states that no state shall "deprive any person of life, liberty, or property, without due process of law." This amendment has been interpreted by the Supreme Court to incorporate certain rights from the Bill of Rights and apply them to the states. This means that state governments must also respect and protect these rights of their citizens. This principle of selective incorporation has been crucial in expanding and enforcing individual rights across all states in the United States.
The concept of "selective incorporation" is important to the 14th Amendment because it establishes the process through which the rights and liberties guaranteed by the Constitution are applied to the states. Under selective incorporation, the courts gradually extended the protections of the Bill of Rights to apply to the states, ensuring that individuals are afforded fundamental rights and liberties regardless of where they live.
To understand the concept of selective incorporation and why it is important to the 14th Amendment, it is essential to have an understanding of the legal principles behind it. The 14th Amendment, ratified in 1868, was intended to protect the civil rights of freed slaves and grant them equal protection under the law. One of the key provisions of the amendment, known as the Due Process Clause, states that no state shall "deprive any person of life, liberty, or property, without due process of law."
However, the 14th Amendment did not explicitly state that individual rights and liberties listed in the Bill of Rights (the first ten amendments to the Constitution) apply to the states. This created a legal question as to how and when these rights would be incorporated into state law.
Selective incorporation is the legal doctrine that gradually applied the protections of the Bill of Rights to the states. Rather than incorporating all the rights and liberties at once, selective incorporation allowed the courts to incorporate these rights on a case-by-case basis, based on the particular circumstances and the principles of fundamental fairness and justice.
The process of selective incorporation has been largely carried out through the interpretation of the 14th Amendment by the U.S. Supreme Court. In landmark cases such as Gitlow v. New York (1925) and later cases such as Miranda v. Arizona (1966) and McDonald v. Chicago (2010), the Court ruled that certain provisions of the Bill of Rights are essential to due process and therefore applied to the states.
By applying the rights and liberties in the Bill of Rights to the states through selective incorporation, the 14th Amendment ensures that individuals are protected from actions by state governments that might infringe upon their fundamental rights. It helps to safeguard individuals' constitutional rights and liberties, regardless of whether they live in a state with its own protections or not. Therefore, the concept of selective incorporation plays a crucial role in protecting states' rights while also guaranteeing individual rights and liberties under the 14th Amendment.