Essay Assignment 1question What Is Meant By Selective Incorporation ✓ Solved

Essay Assignment 1 Question- What is meant by selective incorporation? Discuss the history of this process and its importance on protection of individual rights. In addition, carefully explain SEVERAL Supreme Court cases EACH for selective incorporation of the First Amendment rights AND rights of the criminally accused. Before sending the essay to me, you MUST check for plagiarism. 1.

Answer the question in an essay format with introduction, body, and conclusion. 2. The text of the essay must be at least 1,000 words (range 1,000-1,500 words). 3. Be sure to include your name and title of the essay.

Use only Patterson’s We the People, 12th Edition in answering the essay question. DO NOT use any outside material. Rubric for grading the Personal Roadmap Paper 0. Clear definition of strengths, weaknesses, and indication of areas you want/need to learn more about for improvement, in regards to diversity consciousness skills/assets– 60% 0. Provides an overall summary and conclusion – 15% 0.

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Selective Incorporation: Understanding Its Definition, History, and Impact on Individual Rights
Introduction
Selective incorporation is a legal doctrine that refers to the process by which certain rights enumerated in the Bill of Rights are made applicable to the states through the Fourteenth Amendment's Due Process Clause. This mechanism ensures that the fundamental rights of individuals are protected against state infringement, solidifying the relationship between federal and state law in the United States. The history of selective incorporation reveals a progressive evolution toward a broader understanding of individual rights, exemplified through numerous landmark Supreme Court cases. This essay will delve into the definition and historical context of selective incorporation while examining specific Supreme Court cases that highlight its significance in protecting First Amendment rights and the rights of the criminally accused.
Definition of Selective Incorporation
Selective incorporation refers to the judicial interpretation that certain protections granted by the Bill of Rights apply not only at the federal level but also restrict state actions. The process began in the early 20th century when the Supreme Court started applying the protections of the Bill of Rights to the states on a case-by-case basis, rather than incorporating them all at once. This gradual approach allowed the Court to determine which rights were considered fundamental and essential to the concept of liberty encompassed by the Due Process Clause of the Fourteenth Amendment (Patterson, 2021).
Historical Context of Selective Incorporation
The journey toward selective incorporation marked a significant shift in American law and civil rights. Initially, the Bill of Rights applied solely to the federal government. In Barron v. Baltimore (1833), the Supreme Court ruled that the Bill of Rights did not apply to state governments. However, the adoption of the Fourteenth Amendment in 1868 provided a new avenue for protecting individual rights as it affirmed the principle of due process.
In the early 20th century, the Supreme Court began addressing cases that questioned the validity of state laws infringing on individual rights. The first significant step toward selective incorporation occurred in Gitlow v. New York (1925), wherein the Court ruled that the First Amendment's free speech protection extended to state governments, thereby marking a pivotal moment in incorporation history (Patterson, 2021).
The Importance of Selective Incorporation
The significance of selective incorporation lies in its role as a protector of individual liberties against state interference. It establishes a uniform standard for rights across the United States, ensuring that citizens are afforded certain fundamental protections, regardless of their state of residence.
Through selective incorporation, the Supreme Court has progressively acknowledged that without federal protection, states may enact laws that unjustly infringe upon the rights of individuals. This history highlights the importance of maintaining individual freedoms in a diverse and federally structured legal landscape. Selective incorporation has not only preserved essential rights from governmental encroachment but has also evolved the understanding of American democracy and civil rights.
Supreme Court Cases on Selective Incorporation
Several landmark Supreme Court cases exemplify the process of selective incorporation concerning First Amendment rights and the rights of the criminally accused:
1. First Amendment Rights:
- Gitlow v. New York (1925): This case established that the First Amendment's guarantee of freedom of speech applies to the states via the Fourteenth Amendment. Benjamin Gitlow was convicted under New York's Criminal Anarchy Law for distributing a socialist pamphlet. The Court acknowledged that while states have the authority to regulate speech, such authority cannot infringe on free speech rights (Patterson, 2021).
- Everson v. Board of Education (1947): The Court further solidified the incorporation of the First Amendment's Establishment Clause by ruling that New Jersey could reimburse parents for transportation costs to parochial schools. This case set an important precedent concerning the separation of church and state, affirming that state laws should not favor or discriminate against religious institutions (Patterson, 2021).
- Lemon v. Kurzman (1971): The Supreme Court created the Lemon Test, which established criteria to evaluate whether a state law violates the Establishment Clause. The Court ruled that government funding for religious schools must meet three criteria: it must have a secular legislative purpose, it must neither advance nor inhibit religion, and it must not foster an excessive government entanglement with religion (Patterson, 2021).
2. Rights of the Criminally Accused:
- Gideon v. Wainwright (1963): This case marked a monumental development for the rights of the accused. The Supreme Court held that the Sixth Amendment's right to counsel is applicable to state courts. Clarence Gideon had been charged with a felony but was denied legal representation due to Florida state law at the time. The decision mandated that states provide counsel to defendants who cannot afford an attorney, ensuring a fair trial (Patterson, 2021).
- Miranda v. Arizona (1966): The Court ruled that defendants in criminal cases must be informed of their rights, including the right to remain silent and the right to an attorney, during the interrogation process. This case emphasized the importance of protecting individual rights to ensure that confessions obtained under duress are inadmissible in court (Patterson, 2021).
- Mapp v. Ohio (1961): The Supreme Court ruled that evidence obtained illegally, in violation of the Fourth Amendment's protection against unreasonable searches and seizures, is inadmissible in state court trials. This landmark ruling underscored the necessity of protecting individuals from unlawful state actions and solidified the exclusionary rule within the framework of selective incorporation (Patterson, 2021).
Conclusion
Selective incorporation represents a pivotal doctrine in the evolution of American civil liberties. Through the gradual application of the Bill of Rights at the state level, the Supreme Court has safeguarded fundamental rights and reinforced the principles of justice and fairness in the legal system. Landmark cases, including Gitlow v. New York, Gideon v. Wainwright, and Mapp v. Ohio, exemplify how this process has shaped the protection of individual rights, both for free speech and for those accused of crimes. Ultimately, selective incorporation plays an imperative role in ensuring that all individuals across the United States are granted fundamental protections, serving as a critical pillar of American democracy and civil rights.
References
Patterson, T. E. (2021). We the People, 12th Edition. New York, NY: McGraw-Hill Education.