Which part of the Fifth Amendment has not been part of selective incorporation?
A.
indictment by grand jury
B.
self-incrimination
C.
double jeopardy
D.
the right to bear arms
(Not sure) Is it A?
What do you mean by "selective incorporation"?
Here's an excerpt from my lesson:
"When the Bill of Rights was made part of the United States Constitution, the rights it guaranteed were not forced upon the various states. Today, state governments must also protect these rights. How this happened was a complicated process of many court cases and constitutional amendments. The changes were vast in how state power operates in relation to individual rights, and the principle that made this change is called selective incorporation."
Thanks for posting that. I learned a lot from it.
It looks to me like the right to bear arms is the right that varies from state to state. Guns are allowed in every state, but some permit hidden carry and some don't. I believe the licensing rules also vary.
To be honest, I do not think it is D (right to bear arms) since it has been incorporated into selective incorporation through the McDonald v Chicago (2010) case. Now that I think about it, the answer might be C, but I'm still not sure
You may be right. I just found this old post.
https://www.jiskha.com/questions/1174791/According-to-the-readings-which-of-the-following-provisions-has-NOT-been-formally
So I went with C since I read it in a Khan Academy website. But the reason I originally picked A was because I read that in another website. It turned out to be A, but thank you so much for your help :)
No, it is not A. The provision of the Fifth Amendment that has not been incorporated through the selective incorporation doctrine is actually D: the right to bear arms.
To determine the correct answer, you need to understand what selective incorporation means. Selective incorporation is the process by which the Supreme Court applies selected provisions of the Bill of Rights to the states through the Due Process Clause of the Fourteenth Amendment. It ensures that certain fundamental rights are protected and enforced by all levels of government.
In this case, the question asks you to identify which provision of the Fifth Amendment has not been part of selective incorporation. To find the answer, you should know that selective incorporation has incorporated many, but not all, of the rights found in the Fifth Amendment into the states.
Let's examine the options:
A. Indictment by grand jury: This right has been incorporated and is therefore part of selective incorporation.
B. Self-incrimination: This right has been incorporated and is therefore part of selective incorporation.
C. Double jeopardy: This right has been incorporated and is therefore part of selective incorporation.
D. The right to bear arms: This right has not been incorporated and is therefore not part of selective incorporation.
Therefore, the correct answer is D: the right to bear arms.