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Selective Incorporation & the 14th Amendment

Susan Lewis

Susan Lewis

8 min read

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Study Guide Overview

This study guide covers selective incorporation, the process of applying the Bill of Rights to states through the Fourteenth Amendment's Due Process Clause. It explains how this process works through judicial review, using key Supreme Court cases like McDonald v. Chicago (2nd Amendment) and Mapp v. Ohio (4th Amendment) as examples. The guide also emphasizes the importance of understanding fundamental rights and the role of the Supreme Court in protecting them from state infringement.

#AP US Government: Selective Incorporation - The Night Before 🌃

Hey! Let's get you feeling confident about Selective Incorporation. This is a big topic, but we're going to break it down so it's crystal clear. Think of this as your ultimate cheat sheet for tonight!

#What is Selective Incorporation?

Selective Incorporation is how the Supreme Court has made the Bill of Rights apply to the states. 🤯

  • Before: The Bill of Rights only limited the federal government.
  • Now: Through the 14th Amendment's Due Process Clause, many of these rights also protect you from state governments.
Key Concept

This is a HUGE deal because it means your fundamental rights are protected at all levels of government.

#How Does It Work?

It's all about judicial review! The Supreme Court decides, case by case, which parts of the Bill of Rights are so fundamental that states can't violate them. Think of it like the Court is carefully choosing which rights to "incorporate" into the 14th Amendment.

  1. Someone Claims a Violation: A person argues a state law or action violates their rights.
  2. Supreme Court Scrutiny: The Court reviews the case, deciding if the state action is constitutional.
  3. Incorporation: If the Court finds a right is fundamental, it's "incorporated" and applies to the states.
Exam Tip

Remember, it's a selective process. Not all of the Bill of Rights has been incorporated yet, though most of it has.

#Cases & Examples

Let's look at some key cases that made this happen:

#McDonald v. Chicago (2010) 🐻

McDonald v. Chicago

  • Issue: Chicago had strict gun control laws.
  • Ruling: The Supreme Court said the 2nd Amendment right to bear arms applies to states.
  • Impact: States can't just ban guns; they have to respect this individual right.
Quick Fact

This case incorporated the 2nd Amendment, which was a big win for gun rights advocates.

#Mapp v. Ohio (1961) 🔍

![Mapp v. Ohio](https://upload.wikimedia.org/wikipedia/commo...

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Question 1 of 13

Ready to test your knowledge? 🤔 Which of the following best describes selective incorporation?

Applying the Bill of Rights to the federal government

Applying the Bill of Rights to the states through the 14th Amendment

Allowing states to create their own Bill of Rights

The Supreme Court deciding which laws are constitutional