Of the most recent United State Supreme Court’s decision on Selective Incorporation, the Second Amendment, a provision of the Bill of Rights that guarantees the personal right to bear arms, got incorporated through the Fourteenth Amendment. A controversy over handgun ban was brought forward by the 2010 case known as McDonald v. Chicago. The case involved McDonald, a retired maintenance engineer, who wished to own a handgun as an aid for the increasing levels of crime and break-ins within his neighborhood. McDonald’s request was refused by the city due to Chicago and Oak Park’s restrictive handgun laws that effectively banned all legal handgun possession, and so the man brought a lawsuit, claiming that the ban on handguns deprived him of his rights. The Fourteenth Amendment, which guarantees due process and equal protection under the laws, played an important role in the Mc...
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...lementation of the death penalty.
In essence, Selective Incorporation nationalized the first ten amendments of the Constitution through the Fourteenth Amendment. The process has made it possible for individuals to achieve freedom, liberty, and equality. It extended the language of the Bill of Rights to the states and provided better structures to the American justice system. Additionally, “privileges and immunities” were guaranteed to all persons born or naturalized in the United States. Selective incorporation was meant for the Federal Government and the Supreme Court to limit the states from any arbitrary action. Thus, the State Government must abide by the Bill of Rights and must not violate the constitutional rights of American citizens. The nationalization of the Bill of Rights for the most part, provided our nation with equal protection and due process of law.
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