Understanding Selective Incorporation

Chapter #4

FEDERAL GOVERNMENT

The Bill of Rights (Ten Amendments) protects U.S. citizens from a powerful national government by placing specific limitations on it.

 

STATE GOVERNMENTS

The Bill of Rights as originally written and interpreted by the U.S. Supreme Court does not limit and protect citizens from state governmental authorities. 

The process of Selective INCORPORATION

Only through the Court's application of the Fourteenth Amendment does some provisions of the Bill of Rights protections limit the powers of the state governmental authorities.

 

Example: Gideon v. Wainwright (1963)- As a result of incorporation of the 6^th Amendment’s “right to counsel”, Gideon was let out of prison and re-tried with a state paid attorney and found innocent.

 

IMPORTANT

If the Supreme Court has not incorporated a particular right and the State Constitution or state laws do not cover the right, than the citizens of a state are not protected by the Bill of Rights against state governmental action (state police and judges).

 

Example: The Third Amendment has not been incorporated by the Supreme Court and is not covered by the Georgia State Constitution. Therefore, citizens of the state are not protected from the quartering of state troops during peace- time.