Why is the concept of selective incorporation important tot he 14th amendment

Question

It protects States rights by saying that each of the rights and liberties in the constitutional amendments has to be incorporated into the states on a case-by-case basis.
It says that all the rights and liberties in the Bill of rights applied to the states

Answer 1

The concept of selective incorporation is important to the 14th Amendment because it ensures that the fundamental rights and liberties guaranteed by the Bill of Rights are protected at the state level. Prior to selective incorporation, the Bill of Rights only applied to the federal government and did not directly restrict the actions of state governments. However, with the incorporation doctrine, the 14th Amendment ensures that the states cannot infringe upon these fundamental rights and liberties without due process of law.

Selective incorporation essentially means that the Supreme Court has the power to selectively apply specific provisions of the Bill of Rights to the states. This process occurs on a case-by-case basis, where the Court determines which provisions are fundamental and necessary for protection by the states. The Court analyzes whether the right in question is deeply rooted in American history and traditions and is essential to the concept of ordered liberty.

By applying the Bill of Rights to the states, selective incorporation strengthens individual rights and liberties against potential abuses by state governments. It provides a consistent and uniform protection of these rights across the United States, regardless of whether an individual resides in a state or federal jurisdiction.

Overall, selective incorporation expands the reach of the 14th Amendment to protect individual rights and ensure that the states respect and uphold the fundamental rights and liberties guaranteed by the Constitution.