Which entity was responsible for the process of selective incorporation of the bill of rights into the practices of the states? state courts supreme court the executive branch congress state legislatures

4) Congress

The selective incorporation is a doctrine that makes the first 10 amendments of the U.S. Constitution (The Bill of Rights) also applicable to the states through the Due Process Clause of the Fourteenth Amendment. Prior to the doctrine, the states weren't constitutionally obligated to follow those rules.

The 14th Amendment also determined who must enforce the provisions of its Amendment, as section 5 states:

The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

Supreme Court is responsible for the process of selective incorporation of the Bill of Rights into the practices of the states.

Further Explanation:

The Supreme Court in the United States is a ‘Federal Court’ with ‘Federal Judiciary’ having ‘original jurisdiction’ and ‘appellate jurisdiction’ over Federal Courts of all the states.

The “Federal Configuration” of America has distributed its “power” into three branches, namely, judicial branch, executive branch, and the legislative branch with a “bicameral division”. The judicial branch evaluates and invalidates the “statues” that are considered as profane to the ‘Constitution’ of America. The court has right to overturn the “Presidential directives” in case of disobedience of constitutional laws.

In the year 1833, the “Supreme Court” specially held that the “Bill of Rights” merely applied to the “federal government” and not to “state governments”

Learn More:

1.      In the case roe v. wade, the supreme court ruled that state laws

2.  Though the outcomes of Schenck and New York times differed, what did these decisions have in common? The government has a heavy burden to prove harm. The government can limit speech that causes harm. The government has unlimited power to limit speech. The government must follow the first amendment.

Answer Details:

Grade: College

Chapter: Supreme Court

Subject: Social Studies

Keywords:

Supreme Court, federal court, federal judiciary, judicial branch, executive branch, legislative branch, presidential directives

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