Selective incorporation- a constitutional doctrine in US

Selective Incorporation

Selective incorporation a constitutional doctrine established through United States Supreme Court Cases that prohibits the State from enacting Laws that violate the Bills of Rights enshrined in the American Constitution. Selective incorporation provides power to the federal government to limit the legislative power of the State. However, it is not a law; selective incorporation ensures that the rights of the citizens are adhered to and not violated by procedures and laws enacted at the state level(Samaha, 2018).

Selective incorporation doctrine has developed through several Amendments to from the current solid Doctrine. The First Amendment was on the Freedom of Speech, assembly and separation of church and State. During the First Amendment was when the Doctrine was first applied. The Fourth Amendment protects against unwarranted arrest and seizure. The Fifth Amendment then followed that protects against self-incrimination. After that, the Sixth, Seventh and Eighth Amendments followed.

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The conflict During the drafting of the constitution

During the drafting of the constitution, there was a conflict on which powers should be retained by the federal government and those that should be held by the state government. Due to this conflict, the congress immediately drafted the Bill of Rights and embodied the rights in the constitution. Selective incorporation came into practice during the creation of the Fourteenth Amendment. The Fourteenth Amendment created a more national understanding of civil liberties. The Amendment became an authority on human rights like the right to legal counsel, education and the freedom of speech. The number of court cases where the State is  accused of violating the rights of American Citizens is rising as a result of the Fourteenth Amendment. The Doctrine is now widely used in deciding cases involving state laws, thus solidifying the Doctrine. The 14th Amendment played a significant role in preventing the State from limiting the rights granted in the constitution. The 14th Amendment was designed to safeguard the rights of former slaves to liberty, life and property.

In 1897 the City of Chicago filed a case to Condemn a piece of land to connect two separate sections of Rockwell Street. The piece of land was a private property owned by various individuals. This was the first time the court applied a specific provision of Bills of Right concerning the 5th Amendment.  The main issue identified in the case was just compensation for private property acquired by the government. The court ruled in favour of the City of Chicago and condemned the land. The owners of the piece of land were compensated. On filing an Appeal by Quincy Railway Corporation, the supreme court of Illinois affirmed the judgment of the Cook County Circuit Court.

The Burlington v. Chicago (1897) case opened an opportunity to other claims against the State and expanded the scope of Bills of Rights protection. As a result, the State government has to honour the section of Bills of Rights on “just compensation” and pay owners of the acquired properties.  Thought the Railway Company lost, the case has created a significant impact on similar cases and the application of Selective incorporation in making rulings. As a result, the supreme court caseload has increased, giving it the power to clearly define and make fundamental changes on the understanding of the Bills of rights. Citizens have become more powerful because they have a fundamental tool to challenge states actions.

           References

Samaha, J. (2018). Criminal Procedure. Boston, MA 02210: Cengage Learning.

 

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