2005 FRQ on Selective Incorporation

Class, for tonite's 2005 FRQ, you need to mention The 14th Amendment’s DUE PROCESS CLAUSE as the linking mechanism that prohibits state and local governments from depriving persons of life, liberty, or property without certain steps being taken to ensure fairness. This clause has been used to make MOST of the Bill of Rights applicable to the states (selective incorportation).

Okay, this was such a good answer from the student model, take a look at it. Try to put this into your own words for tomorrow. Use different cases at least....

2005 FRQ “Model Student Answer”

Beginning in the twentieth century, the Supreme Court has interpreted the Constitution so as to protect the rights of all citizens from the actions of states. This sort of selective incorporation can be seen in the areas of the rights of criminal defendants and the privacy rights of citizens.
Selective incorporation is the process by which the Supreme Court is able to protect citizens from state governments. This arises when federal laws and court decisions are applied to the states, thus guaranteeing people’s constitutional rights. This is largely a result of the “due-process” clause of the Fourteenth Amendment. This clause makes all federally guaranteed rights applicable to the states, thus forcing them to adhere to the Bill of Rights. Thus, federal interpretations of law must be adhered to by the states.
One such area where federal laws and court decisions have been incorporated has been a person’s privacy rights. This is illustrated by the Supreme Court case of Roe v. Wade. In this case the Supreme Court decided that it was fundamental to a woman’s right to privacy to allow for her to have an abortion. This decision, for all intents and purposes, made abortion legal, the “due-process” clause then forced for states to follow this ruling despite any prior state laws on the subject. Thus, the Supreme Court’s interpretation of the Constitution was incorporated into state law. This illustrates the incorporation of privacy rights. The Rights of Criminal Defendants have also been incorporated by the Supreme Court. This is illustrated by the Miranda case. A citizen, Miranda, was arrested and questioned without having been informed of a criminal defendant’s rights. This case appeared before the Supreme Court and the decision was in favor of Miranda. Now, all police forces in all states are required to rend an arrested individual his or her “Miranda Rights” promptly. The incorporation of this constitutional interpretation is certainly very evident.
The “due-process” clause has allowed for many federal statutes to be imposed on the states, thus asserting the supremacy at the federal government. However, this does guarantee every citizen his or her federal rights outlined in the Bill of Rights. It is certain that future federal decisions will be incorporated to the states.