Author Question: What rights have been incorporated? What rights have not? What will be an ideal ... (Read 42 times)

jhjkgdfhk · **on:** Aug 17, 2018

What rights have been incorporated? What rights have not?

What will be an ideal response?

Question 2

What is the incorporation controversy? What are the leading perspectives in conflict within this controversy?

What will be an ideal response?

kthug · **Reply #1 on:** Aug 17, 2018

Answer to Question 1

Incorporated Rights

First Amendment freedom of religion, speech, and assembly and the right to petition for redress of grievances
Fourth Amendment prohibition of unreasonable searches and seizures
Fifth Amendment protection against compelled self-incrimination
Fifth Amendment protection from double jeopardy
Sixth Amendment right to counsel
Sixth Amendment right to a speedy trial
Sixth Amendment right to a public trial
Sixth Amendment right to confrontation
Sixth Amendment right to an impartial jury
Sixth Amendment right to compulsory process
Eighth Amendment prohibition of cruel and unusual punishment

Not Incorporated

The Fifth Amendment's grand jury clause has not been deemed fundamental and is not binding on the states
People do not enjoy an expectation of privacy in public places

Answer to Question 2

Incorporation includes the Fourteenth Amendment's due process clause, which holds that no state shall deprive any person of life, liberty, or property, without due process of law, to make certain protections specified in the Bill of Rights applicable to the states.

There are four leading views on the incorporation debate. The total incorporation view holds that the Fourteenth Amendment's due process clause incorporates the entire Bill of Rights.

Finally, some believe that incorporation should be decided case by case. This means that the facts and circumstances of each individual case should be weighed in order to determine if any protections listed in the Bill of Rights should apply at the state or local level.

The third view on incorporation is often referred to as total incorporation plus. This view holds that the Fourteenth Amendment's due process clause incorporates the whole Bill of Rights as well as additional rights not specified in the Constitution, such as the right to privacy. The second leading view on incorporation is that of selective incorporation, or the fundamental rights view. It favors incorporation of certain protections enumerated in the Bill of Rights, not all of them.