Selective Incorporation Doctrine: Definition and Examples for AP Gov

🧠 Quick Study Guide

• 📜 Definition: Selective incorporation is the judicial doctrine by which the Supreme Court has made most of the provisions of the Bill of Rights applicable to the states via the Due Process Clause of the Fourteenth Amendment.
• 🏛️ Origin: Stemmed from the post-Civil War era and the adoption of the 14th Amendment (1868), specifically its Due Process Clause, which states, "nor shall any State deprive any person of life, liberty, or property, without due process of law."
• ✅ Mechanism: Rather than applying the entire Bill of Rights to the states at once (total incorporation), the Court has selectively applied them on a case-by-case basis, deciding which rights are "fundamental" to liberty and justice.
• 💡 Key Cases & Milestones:
  • 🗣️ Gitlow v. New York (1925): Incorporated freedom of speech (1st Amendment) to the states, marking the beginning of selective incorporation.
  • ⚖️ Palko v. Connecticut (1937): Introduced the "fundamental rights" test, determining which rights are essential for "ordered liberty."
  • 🕵️‍♀️ Mapp v. Ohio (1961): Applied the exclusionary rule (4th Amendment) to the states, preventing illegally obtained evidence from being used in state courts.
  • 🧑‍⚖️ Gideon v. Wainwright (1963): Incorporated the right to an attorney in felony cases (6th Amendment) for indigent defendants.
  • 🤫 Miranda v. Arizona (1966): Established the "Miranda warnings" requirement, incorporating the 5th Amendment right against self-incrimination.
• 📈 Impact: Significantly expanded civil liberties by ensuring that state governments cannot infringe upon rights that the federal government is prohibited from infringing upon.
• ❌ Contrast: Differs from "total incorporation," a view (largely rejected by the Court) that argued the entire Bill of Rights should apply to the states immediately.
• ⏳ Gradual Process: This incorporation has been a slow and ongoing process, with new rights still being incorporated over time.

✍️ Practice Quiz

Ready to test your knowledge? Let's go! 👇

1. Question 1: What is the primary purpose of the Selective Incorporation Doctrine?
   A) To apply all federal laws to state governments immediately.
   B) To make provisions of the Bill of Rights applicable to the states through the 14th Amendment's Due Process Clause.
   C) To allow states to choose which parts of the Bill of Rights they wish to adopt.
   D) To expand the powers of the federal government over individual citizens.
2. Question 2: Which amendment is most central to the application of selective incorporation?
   A) The 14th Amendment
   B) The 1st Amendment
   C) The 10th Amendment
   D) The 5th Amendment
3. Question 3: The Supreme Court case Gitlow v. New York (1925) is significant because it:
   A) Established the principle of judicial review.
   B) Incorporated the right to bear arms to the states.
   C) Marked the first time a provision of the Bill of Rights (freedom of speech) was applied to the states.
   D) Affirmed the concept of dual federalism.
4. Question 4: What test did the Supreme Court establish in Palko v. Connecticut (1937) to determine which rights should be incorporated?
   A) The "rational basis" test.
   B) The "strict scrutiny" test.
   C) The "fundamental rights" test, essential to "a scheme of ordered liberty."
   D) The "compelling government interest" test.
5. Question 5: Which of the following landmark Supreme Court cases incorporated a right from the Bill of Rights to the states in the 1960s?
   A) Gitlow v. New York
   B) Palko v. Connecticut
   C) Gideon v. Wainwright
   D) Near v. Minnesota
6. Question 6: The concept of "total incorporation" would mean that:
   A) All state laws would automatically become federal laws.
   B) The entire Bill of Rights would apply to the states immediately, without selective, case-by-case application.
   C) State and federal governments would have completely separate powers.
   D) Only the first ten amendments would apply to the federal government.
7. Question 7: If a state passed a law that banned all forms of peaceful assembly, which incorporated right would this law most directly violate?
   A) The right to bear arms (2nd Amendment).
   B) The protection against cruel and unusual punishment (8th Amendment).
   C) The right to assemble (1st Amendment).
   D) The right to a speedy trial (6th Amendment).