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Understanding Selective Incorporation in Law

May 2, 2025

Heimlich's History: Selective Incorporation

Introduction

  • Unit 3 of AP Government Curriculum
  • Focus: Doctrine of Selective Incorporation
  • Aim: Explain the implications of selective incorporation

Definition

  • Selective Incorporation: Process by which the Bill of Rights is applied to the states.
  • Initially, the Bill of Rights protected civil liberties against the federal government only.

Historical Context

  • Post-Civil War: Concerns about the Southern states suppressing newly freed black citizens.
  • 14th Amendment: Key amendment saying "No state shall make or enforce any law which shall abridge the privileges or immunities of the citizens of the United States."
    • Brought state governments to the same standard as the federal government regarding protecting citizens' rights.

Role of the Supreme Court

  • The application of the Bill of Rights to states conducted through Supreme Court decisions.
  • Known as Selective Incorporation because it happens through individual cases over time.

Key Examples

Upholding State Law

  • Reynolds v. United States (1879)
    • George Reynolds practiced polygamy as per Mormon beliefs.
    • Supreme Court: States cannot legislate against beliefs but can legislate against practices (upheld Utah's anti-polygamy law).

Overturning State Law

  • McDonald v. Chicago (2010)
    • Related to the right to bear arms
    • Chicago required handgun registration but rejected all applications.
    • Post-Heller v. DC: SCOTUS ruled 5-4 in favor of McDonald, incorporating the Second Amendment to the states.

Explanation of "Selective"

  • Not all 10 amendments applied to states simultaneously.
  • Incorporation happens selectively, case by case.
  • Amendments incorporated: First, Second, Fourth, Fifth, Sixth, and Eighth.

Conclusion

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This summary captures the main points of the lecture on the doctrine of selective incorporation in the context of the U.S. government and legal system, emphasizing its implications, historical context, and examples.

Full transcript