Which part of the Fifth Amendment has not been part of selective incorporation?
A.
indictment by grand jury
B.
self-incrimination
C.
double jeopardy
D.
the right to bear arms
(Not sure) Is it A?
6 answers
What do you mean by "selective incorporation"?
Here's an excerpt from my lesson:
"When the Bill of Rights was made part of the United States Constitution, the rights it guaranteed were not forced upon the various states. Today, state governments must also protect these rights. How this happened was a complicated process of many court cases and constitutional amendments. The changes were vast in how state power operates in relation to individual rights, and the principle that made this change is called selective incorporation."
"When the Bill of Rights was made part of the United States Constitution, the rights it guaranteed were not forced upon the various states. Today, state governments must also protect these rights. How this happened was a complicated process of many court cases and constitutional amendments. The changes were vast in how state power operates in relation to individual rights, and the principle that made this change is called selective incorporation."
Thanks for posting that. I learned a lot from it.
It looks to me like the right to bear arms is the right that varies from state to state. Guns are allowed in every state, but some permit hidden carry and some don't. I believe the licensing rules also vary.
It looks to me like the right to bear arms is the right that varies from state to state. Guns are allowed in every state, but some permit hidden carry and some don't. I believe the licensing rules also vary.
To be honest, I do not think it is D (right to bear arms) since it has been incorporated into selective incorporation through the McDonald v Chicago (2010) case. Now that I think about it, the answer might be C, but I'm still not sure
You may be right. I just found this old post.
https://www.jiskha.com/questions/1174791/According-to-the-readings-which-of-the-following-provisions-has-NOT-been-formally
https://www.jiskha.com/questions/1174791/According-to-the-readings-which-of-the-following-provisions-has-NOT-been-formally
So I went with C since I read it in a Khan Academy website. But the reason I originally picked A was because I read that in another website. It turned out to be A, but thank you so much for your help :)
1 answer