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LSDefine
Simple English definitions for legal terms
selective incorporation
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A quick definition of selective incorporation:
Selective incorporation is a legal process where certain parts of the Bill of Rights are applied to the states through the interpretation of the 14th Amendment's Due Process Clause. This means that some of the rights protected by the Bill of Rights are extended to the states, but not all of them. For example, the First, Fourth, Sixth, and Ninth Amendments have been incorporated into the Due Process Clause. This approach was first advocated by Justice Benjamin Cardozo in 1932.
A more thorough explanation:
Definition: Selective incorporation is the process of applying certain provisions of the Bill of Rights to the states by interpreting the Due Process Clause of the 14th Amendment. This means that the states must also follow these provisions, not just the federal government.
Examples: The Supreme Court has selectively incorporated the First, Fourth, Sixth, and Ninth Amendments into the Due Process Clause. For example, the First Amendment protects freedom of speech, religion, and the press. This means that the states cannot pass laws that violate these rights, just like the federal government cannot.
Explanation: Selective incorporation ensures that the states cannot infringe upon the rights protected by the Bill of Rights. This means that individuals have the same rights and protections regardless of which state they live in. For example, if the First Amendment was not selectively incorporated, some states could pass laws that restrict freedom of speech or religion, which would violate the Constitution.