What does the selective incorporation doctrine involve?

What does the selective incorporation doctrine involve?

• A. The federal government extending all rights in the Bill of Rights to the states.
• B. The creation of new federal rights for each state.
• C. The selection of parts of the Bill of Rights and making those portions applicable to the states through the 14th Amendment.
• D. The removal of state sovereignty in all matters.

Answer: (C)

Selective incorporation means that the protections in the Bill of Rights are not automatically imposed on the states in full. Through the Fourteenth Amendment’s Due Process Clause, the Supreme Court has gradually applied many of those protections to state governments on a right-by-right basis, determining which rights are essential to a fair liberty framework. This approach happens case by case, so only certain portions of the Bill of Rights become applicable to the states, not all of them. This is why the doctrine is described as selecting parts of the Bill of Rights and making those portions applicable to the states through the Fourteenth Amendment, rather than extending all rights to the states, creating new federal rights for each state, or removing state sovereignty in all matters.

Selective incorporation means that the protections in the Bill of Rights are not automatically imposed on the states in full. Through the Fourteenth Amendment’s Due Process Clause, the Supreme Court has gradually applied many of those protections to state governments on a right-by-right basis, determining which rights are essential to a fair liberty framework. This approach happens case by case, so only certain portions of the Bill of Rights become applicable to the states, not all of them. This is why the doctrine is described as selecting parts of the Bill of Rights and making those portions applicable to the states through the Fourteenth Amendment, rather than extending all rights to the states, creating new federal rights for each state, or removing state sovereignty in all matters.