Selective incorporation


Selectiveincorporation is a constitutional policy that guarantees theprotection of the American citizens` constitutional rights preservedin the bill of rights by placing restrictions on such stateenactments. Over the years, the selection incorporation policy hasgained recognition in most rulings and court proceedings in theUnited States.


Theroots of selection incorporations emanate from the very initialtimes, during the drafting of the United States Constitution[CITATION Kom11 p 39 l 1033 ].During this period, there were controversies over the rights of boththe state and the federal government. In 1833, the U.S. Supreme Courtmade a ruling on a Barron vs. Baltimore case stipulatingthat the Bill of rights were only applicable to the federalgovernment[CITATION Vil15 p 86 l 1033 ].As a result, a law was required to prohibit states from restrainingthe constitutional rights. Later in 1868, the Congress sanctioned the14th alterationto the U.S. Constitution. A clause in the adjustment prohibitedstates from making any law that restricted constitutional rights ofthe citizens.

Importanceof selective incorporation protecting individual rights

Themodification of the constitution was meant to safeguard the rights ofthe earlier slaves to liberty, property, and life. Since the 1900s,the U.S. Supreme Court has extended its position on the policy ofselective incorporation and eventually broadened the reservationsmade by the Bill of Rights in various aspects of the stategovernment. For instance, in the Gitlow vs. New York case of 1925,the court ruled that the local governments had no mandate to limitthe freedom of speech[CITATION Kom11 p 45 l 1033 ].Over the past, the Supreme Court has made rulings that haveapparently limited the local governments’ rights to enact laws thatinfringe the rights of the U.S. citizens as enshrined in theConstitution.


Kommers, Donald P, John E Finn and Gary J Jacobsohn. American Constitutional Law: Essays, Cases, and Comparative Notes. New York: Rowman &amp Littlefield, 2011.

Vile, John R. Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues. California: ABC-CLIO, 2015.