Essay on The Constitutional Doctrine Of Selective Incorporation

1285 Words Nov 10th, 2015 6 Pages
Selective Incorporation is a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are ensured in the Bill of Rights. This allows the Federal Government to decide whether or not the states have abused the rights that every citizen has been guaranteed by the Fourteenth Amendment. The 14th Amendment grants citizenship to all persons born or naturalized in the United States. The Bill of Rights includes the Fourteenth Amendment with the exceptions of the Ninth and Tenth Amendments because they are not relevant to the states. The Selective Incorporation is very helpful by allowing the Federal Government to determine if the states are interfering with the constitutional rights stated in the Bill of Rights. Back when it was the first thirteen colonies, those states had their power to enact their own laws. That is when the Federal Government started in 1789 and when the constitution was ratified in 1788. Since then the states had to limit their lawmaking rules. Making sure that all of their citizens were being granted their rights stated in the Bill of Rights. That did not always go smoothly with all of the states as the United States starting to progress and grow. “In Barron v. Baltimore (1833), the Supreme Court ruled that the Constitution’s Bill of Rights restricts only the powers of the federal government and not those of state governments”(“Barron v.Baltimore” n. pag.). This case started with Mr.…

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