Illinois state law stated that, when the government wanted to take over a private property for public use, a jury would be need to be brought in to determine how much the government should pay to the owner of the property.Ī jury was called for this situation, and the railroad and the city both made their cases to the jury regarding the value of the Railroad’s land. In 1897, the city of Chicago made plans to widen Rockwell Street, which involved crossing through private land that was owned by the Chicago, Burlington & Quincy Railroad Company. Holding the States to the Fifth Amendment Takings Clause (Eminent Domain)
Following are examples of selective incorporation doctrine over the years. Selective incorporation has become an accepted doctrine over time, as the Supreme Court has ruled in several cases in which the states’ authority was questioned. Selective Incorporation Examples in the Supreme Court When deciding matters involving state law, and whether or not states have acted in an unconstitutional manner, this doctrine is now widely used.
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As time went on, the Fourteenth Amendment became the authority on such matters as free speech, education, and the right to legal counsel.Ī number of cases have arisen over the years in which states were accused of having gone too far – actually abusing their power – potentially violating the rights of American citizens. The more cases the Supreme Court ruled on, relying on the selective incorporation doctrine, the more solidified the doctrine became. The selective incorporation doctrine didn’t come into play until after the creation of the Fourteenth Amendment which specifically bars states from infringing upon the constitutional rights of American citizens. The Fourteenth Amendment was ratified in 1868, after the Civil War, as a way to protect the rights of the newly freed slaves. Still, the Constitution remained a work in progress. After the Constitution was ratified, Congress set out immediately to create the Bill of Rights, which are embodied in the first 10 amendments to the Constitution. The original wording of the Constitution gave fewer safeguards for citizens’ personal rights, such as due process, the right to vote, and citizenship, from laws made by the individual states. However, even after the Constitution was signed, it was still up in the air as to how much of an influence federal laws would have on state laws.
As the Constitution was being drafted, a debate arose over establishing which rights should be afforded to state governments, and what powers would be held by the federal government. Selective incorporation doctrine reaches as far back as the origin of the United States itself. Infringement upon citizens’ First and Fourteenth Amendment rights have been referred to the Supreme Court for the ultimate decision as to whether or not states have overstepped their boundaries by their actions or rulings at the state court level. Selective incorporation has applied to cases involving everything from freedom of speech, to freedom of religion, to the right to keep and bear arms. It is more of a safeguard for the American people that simultaneously recognizes the federal government’s authority to limit the states’ lawmaking powers. Selective incorporation itself is not a law per se.
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