Question

The process by which selected rights in the Bill of Rights (such as the right to an attorney) are incorporated into the due process clause of the Fourteenth Amendment in order to protect them from state action.

Answer 1

Selective incorporation is the process by which selected rights in the Bill of Rights are incorporated into the due process clause of the Fourteenth Amendment, protecting them from state action.

Step-by-step explanation:

The process by which selected rights in the Bill of Rights, such as the right to an attorney, are incorporated into the due process clause of the Fourteenth Amendment in order to protect them from state action is known as selective incorporation.

Selective incorporation is the process through which the Supreme Court applies certain provisions of the Bill of Rights to the states, ensuring that people's constitutional rights are protected from state governments as well. The due process clause of the Fourteenth Amendment serves as the basis for this incorporation.

For example, the Supreme Court has used selective incorporation to apply the right to an attorney, guaranteed by the Sixth Amendment, to state criminal proceedings. This means that individuals facing criminal charges in state courts have the right to legal representation, just like individuals in federal courts.