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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