Selective Incorporation

[FR7 Baptist]

What do you people think about selective incorporation? This is how the Supreme Court incorporates rights against the States that are in the Bill of Rights in the U.S. Constitution through the Due Process Clause of the Fourteenth Amendment. Most of the rights in the Bill of Rights have been incorporated.

The Third Amendment has only been incorporated in the Second Circuit. The portion of the Fifth Amendment requiring that capital or infamous crimes (interpreted as felonies) be charged by presentment or indictment of a grand jury has not been incorporated. The Seventh Amendment has not been incorporated. The portion of the Eighth Amendment against excessive bail has not been incorporated. The rest of the first eight amendments have been.

I think selective incorporation is okay, but total incorporation of the first eight amendments would have been better.

 

[billwald]

http://en.wikipedia.org/wiki/Incorporation_of_the_Bill_of_Rights

Boggles the mind! In other words, all the amendments are only suggestions in the state courts because if it takes the supreme court to apply them to state courts then the court could take them away.