- Constitutional doctrine in which states cannot establish laws prohibiting the Constitutional rights provided by Bill Rights for all U.S citizens.
- Essentially a limit of the power of state legislatures by the federal government. Not an established law but an established doctrine.
- Origin: Debate over the realms of power between the federal government and the states while writing the Constitution.
- Barron v. Baltimore (1833) - Ruled that the Bill of Rights is only applicable on the national level.
- 14th Amendment promoted as it prevented the states from contradicting the Bill of Rights and protected the life, liberty, and property of all Americans.
- Understanding about Selective Incorporation broadened under court cases Gitlow v. New York (1925), Roe v. Wade (1973), Mapp v. Ohio (1961), and Miranda v. Arizona (1966).
Gitlow v. New York (1925)
- Gitlow (Socialist) accused of spreading manifestos promoting socialism through protest and rebellion.
- He is arrested under state law that prohibits overthrow of government.
- Nothing came out of the manifestos and protest (Defense). New York states that advocating rebellion is going against state law.
Miranda v. Arizona (1966)
- Details: On March 13, 1963, Ernesto Miranda was arrested in his house and brought to the police station where he was questioned by police officers in connection with a kidnapping and rape. After two hours of interrogation, the police obtained a written confession from Miranda. The written confession was admitted into evidence at trial despite the objection of the defense attorney and the fact that the police officers admitted that they had not advised Miranda of his right to have an attorney present during the interrogation. The jury found Miranda guilty. On appeal, the Supreme Court of Arizona affirmed and held that Miranda’s constitutional rights were not violated because he did not specifically request counsel.