selective incorporation

Examples of selective incorporation in the following topics:

• Nationalizing the Bill of Rights

  • The Bill of Rights were included into state laws through selective incorporation, rather than through full incorporation or nationalization.
  • On the other hand, some believed that incorporation should be selective, in that only the rights deemed fundamental (like the rights protected under the First Amendment) should be applied to the states, and it should be a gradual process.
  • The Supreme Court eventually pursued selective incorporation.
  • Even though the Supreme Court decided on selective incorporation, there were some who advocated for a total incorporation or nationalization of the Bill of Rights.
  • Compare and contrast the difference between nationalization and selective incorporation of the Bill of Rights.

• Incorporation Doctrine

  • More commonly, it is argued that incorporation began in the case Gitlow v.
  • Despite his opinion, in the following twenty-five years, the Supreme Court employed a doctrine of selective incorporation that succeeded in extending to the States almost of all of the protections in the Bill of Rights, as well as other, unenumerated rights.
  • Amendment VIII, the right to jury trial in civil cases has been held not to be incorporated against the states, but protection against "cruel and unusual punishments" has been incorporated against the states.
  • Here, this right is exercised as an attorney asks questions during jury selection.
  • Amendment V, the right to due process, has been incorporated against the states.

• The Gallup Organization

  • After Gallup's death in 1984, The Gallup Organization was sold to Selection Research, Incorporated (SRI) of Lincoln, Nebraska in 1988.

• Early U.S. Supreme Court Decisions

  • On April 8, 1916, Congress passed an act providing the incorporation of the Second Bank of the US.
  • Later Supreme Court rulings would reaffirm this ruling and, beginning in the early 20th century, the Supreme Court used the Due Process Clause of the Fourteenth Amendment to apply most of the Bill of Rights to the states through the process of selective incorporation.

• Hosting Conventions

  • The major political parties in the U.S. host the Democratic and Republican National Conventions to select candidates and rally supporters.
  • The formal purpose of the conventions is to select the party's candidates for president and vice president.
  • Subsequently, the more modern focus of the Democratic and Republican National Conventions has been to unify each respective party by having delegates vote on issues that the nominee can incorporate into their presidential campaign.
  • Some minor political parties in the U.S. also utilize conventions to select their presidential candidates.

• Drafting the Final Document

  • Much of the Committee of Detail's proposal would ultimately be incorporated into the final version of the Constitution without debate.
  • Due to the difficulty of travel in the late 18th century, very few of the selected delegates were present on the designated day of May 14, 1787.
  • Much of the Committee's proposal would ultimately be incorporated into the final version of the Constitution without debate.

• The Sixth Amendment and Jury Trials

  • Although on the basis of history and precedent the Sixth Amendment mandates unanimity in a federal jury trial, the Supreme Court has ruled that the Due Process Clause of the Fourteenth Amendment, while requiring States to provide jury trials for serious crimes, does not incorporate all the elements of a jury trial within the meaning of the Sixth Amendment and does not require jury unanimity.
  • Another factor in determining the impartiality of the jury is the nature of the panel from which the jurors are selected.
  • The jury panel must represent a fair cross-section of the community; the defendant may establish that the requirement was violated by showing that the allegedly excluded group is a "distinctive" one in the community, that the representation of such a group in venires is unreasonable and unfair in regard to the number of persons belonging to such a group, and that the under-representation is caused by a systematic exclusion in the selection process.

• The Right to Due Process

  • The Supreme Court of the United States interprets these two clauses as providing four protections: procedural due process in civil and criminal proceedings, substantive due process, a prohibition against vague laws, and as the vehicle for the incorporation of the Bill of Rights .
  • The term substantive due process began to take form in 1930s legal casebooks as a categorical distinction of selected due process cases, and by 1950 had been mentioned twice in Supreme Court opinions.

• Sampling Techniques

  • Each element has an equal probability of selection.
  • Furthermore, any given pair of elements has the same chance of selection as any other pair.
  • Sometimes it is more cost-effective to select respondents in groups ("clusters").
  • In quota sampling the selection of the sample is non-random.
  • The problem is that these samples may be biased because not everyone gets a chance of selection.

• The Problems with Polls

  • Because of this selection bias, the characteristics of those who agree to be interviewed may be markedly different from those who decline.
  • Selection bias occurs when some units have a differing probability of selection that is unaccounted for by the researcher.
  • For example, some households have multiple phone numbers making them more likely to be selected in a telephone survey than households with only one phone number.
  • In statistics, self-selection bias arises in any situation in which individuals select themselves into a group, causing a biased sample with non-probability sampling.
  • There may be a purposeful intent on the part of respondents leading to self-selection bias whereas other types of selection bias may arise more inadvertently, possibly as the result of mistakes by those designing any given study.