Briefly explain the concept of selective incorporation, and why it became necessary.

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Denise Sloan

Social Studies

25 July, 13:22

Briefly explain the concept of selective incorporation, and why it became necessary.

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Amira Roy · Answer 1

The theory of selective incorporation states that some of the rights listed in the Bill of Rights are incorporated in the 14th Amendment and thus have become restrictions, not exclusively to the powers of the US Congress, but in state legislatures. This became necessary in order to make a unified legal system of citizens' protection in the entire United States.

The various rights provided for people in the Bill of Rights are, in the face and by judicial interpretation before the war, restrictions on the powers of the federal government. This is perhaps more evident in the case of the First Amendment, which begins with the phrase Congress will not make any law ... However, since 1947, federal courts have been overturning State actions that violate the provisions of the Bill of Rights. Separate acts of selective incorporation have, over time, added to an almost complete incorporation of the Bill of Rights to the states.