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Palko v. Connecticut
The US Supreme Court uses "Selective Incorporation" to apply individual clauses within the Bill of Rights to the States via the Fourteenth Amendment Due Process or Equal Protection Clauses.Some historians hold that the 14th Amendment required states to adhere to the Bill of Rights, in toto, while others claim the individual amendments were designed to be incorporated selectively.Total or Mechanical Incorporation (sometimes also called complete incorporation), the method championed by Justice Hugo Black, would have used the Fourteenth Amendment to apply the entire Bill of Rights to the States at one time. The US Supreme Court has chosen to use "selective incorporation," however. The principle of selective incorporation upholds or rejects as inapplicable individual clauses within each Amendment when they are considered relevant to a case before the Court.For more information, see Related Questions, below.
1st amendment
Total or Mechanical Incorporation (sometimes also called complete incorporation), which was championed by Justice Hugo Black. The US Supreme Court uses "selective incorporation," however.For more information, see Related Questions, below.
These are the rights that are among the fundamental principles of liberty and justice and lie at the base of all our civil and political institutions.
Palko v. Connecticut
Selective incorporation
Selective incorporation
The US Supreme Court uses "Selective Incorporation" to apply individual clauses within the Bill of Rights to the States via the Fourteenth Amendment Due Process or Equal Protection Clauses.Some historians hold that the 14th Amendment required states to adhere to the Bill of Rights, in toto, while others claim the individual amendments were designed to be incorporated selectively.Total or Mechanical Incorporation (sometimes also called complete incorporation), the method championed by Justice Hugo Black, would have used the Fourteenth Amendment to apply the entire Bill of Rights to the States at one time. The US Supreme Court has chosen to use "selective incorporation," however. The principle of selective incorporation upholds or rejects as inapplicable individual clauses within each Amendment when they are considered relevant to a case before the Court.For more information, see Related Questions, below.
selective incorporation
Palko vs Connecticut 1937
1st amendment
Some Amendments applied to the States by Amendment XIV.
The "total incorporation" argument holds that the 14th Amendment makes the individual States subject to the restrictions of the earlier Amendments. ALL of them. So if one of the Amendments in the Bill of Rights forbids Congress from infringing a particular freedom, then the State legislatures can't do so either."Selective incorporation" holds that only those Amendments that embody certain "fundamental rights" are applied to the States.
Selective incorporation
Federal courts have the ability to overturn state and local practices
Total or Mechanical Incorporation (sometimes also called complete incorporation), which was championed by Justice Hugo Black. The US Supreme Court uses "selective incorporation," however.For more information, see Related Questions, below.