Selective Incorporation

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While the ideal example of a democracy places the decisions of government in citizen’s hands, the United States rarely does as such. For example, the Supreme Court, while influenced by public approval and public opinion, isolates itself from the media and public in two specific ways. Its Justices, appointed by the president, are indirect methods for people to get what they want from the highest branch of the Judiciary Branch. Similar to the method and processes used to elect a president through the Electoral College, the Supreme Court works in a way that places the power of the government in educated individuals’ hands as opposed to the direct power of votes in an election for a state governor. It indirectly allows people to influence Court …show more content…
New York (1925). Since then, the United States government has implemented plenty of laws and enforced decisions made by the Supreme Court strictly.
Selective incorporation is a doctrine found in the United States Constitution that prohibits the states from passing any law that inhibits the constitutional rights given to citizens through the Bill of Rights. Essentially, this doctrine protects Americans by insuring that the states cannot inhibit their rights. The selective portion of the doctrine implies that it did not suddenly appear, and instead took a while to incorporate. Incorporation specifically means that the Bill of Rights is implemented to the states through the Due Process Clause of the Fourteenth Amendment.
As for the rights of criminal defendants, the Supreme Court case of Miranda v. Arizona (1966), explicitly states that criminals have the right to protection against self-incrimination and have right to have an attorney. This case is protected under the Fourteenth Amendment’s Due Process Clause, its enforcement is evident through all the states and is commonly seen as morally right across the

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