is the Supreme Courts interpretation of the 14th Amendment and use of selective incorporation a violation of the concept of federalism?

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Based on the information in chart above, is the Supreme Courts interpretation of the 14th Amendment and use of selective incorporation a violation of the concept of federalism?  In other words, when the Supreme Court incorporates a right is it overstepping the boundaries of states rights by forcing all states to adopt laws that are in line with the Bill of Rights?  

When responding to the question be sure to consider the following:

  • Federalism is the shared and separation of powers between the state and federal governments
  • Prior to the 14th Amendment and the incorporation of rights states were able to create laws that were in direct violation of the Bill of Rights
  • Since people are free to move from state to state in the United States, shouldn't states have the ability to create whichever laws best suit their citizens?

Be sure to include a claim, evidence, and reasoning in your response.

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Examine the chart below and answer the question.
DATE
AMENDMENT
RIGHT
CASE
Freedom of Speech
Gitlow v. New
Fork
McDonald v.
1925
Fint
2010
Second
Right to Bear arms
Chicago
Third
No quartering of trops
Not incorporated
Fourth
Exclusionary Rale
Right from double
jeopardy
1949
Mapp v. Ohto
Beuton v.
1960
Fifth
Maryland
Gideon r.
1963
Sixth
Right to a lawyer
Walawright
Right to a jury in civil
eases
Freedom from cruel and
unnsual panishment
Seventh
Not incorporated
Robiason v.
California
Griswold r.
1969
Eighth
1965
Ninth
Right of privacy
Connecticut
Based on the information in chart above, is the Supreme Courts interpretation of the 1th Amendment and use of selective incorporation
a violation of the concept of federalism? In other words, when the Supreme Court incorporates a right is it overstepping the boundaries of
states rights by forcing all states to adopt laws that are in line with the Bill of Rights?
When responding to the question be sure to consider the following:
• Federalism is the shared and separation of powers between the state and federal governments
• Prior to the 14th Amendment and the incorporation of rights states were able to create laws that were in direct violation of the Bill of Rights
• Since people are free to move from state to state in the United States, shouldn't states have the ability to create whichever laws best suit their
citizens?
Be sure to include a claim, evidence, and reasoning in your response.
0 /10000 Word Limit
II
!!
Transcribed Image Text:Examine the chart below and answer the question. DATE AMENDMENT RIGHT CASE Freedom of Speech Gitlow v. New Fork McDonald v. 1925 Fint 2010 Second Right to Bear arms Chicago Third No quartering of trops Not incorporated Fourth Exclusionary Rale Right from double jeopardy 1949 Mapp v. Ohto Beuton v. 1960 Fifth Maryland Gideon r. 1963 Sixth Right to a lawyer Walawright Right to a jury in civil eases Freedom from cruel and unnsual panishment Seventh Not incorporated Robiason v. California Griswold r. 1969 Eighth 1965 Ninth Right of privacy Connecticut Based on the information in chart above, is the Supreme Courts interpretation of the 1th Amendment and use of selective incorporation a violation of the concept of federalism? In other words, when the Supreme Court incorporates a right is it overstepping the boundaries of states rights by forcing all states to adopt laws that are in line with the Bill of Rights? When responding to the question be sure to consider the following: • Federalism is the shared and separation of powers between the state and federal governments • Prior to the 14th Amendment and the incorporation of rights states were able to create laws that were in direct violation of the Bill of Rights • Since people are free to move from state to state in the United States, shouldn't states have the ability to create whichever laws best suit their citizens? Be sure to include a claim, evidence, and reasoning in your response. 0 /10000 Word Limit II !!
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