Question

Is the Supreme Courts interpretation of the 14th Amendment and use of selective incorporation a

violation of the concept of federalism?
In other words when the Supreme Court incorporales a night is overstepping the boundaries of states rights by
forcing all states to adopt laws that are in line with the Bill of Rights?


Federalism is the shared and separation of powers between the state and federal governments
Prior to the 14th Amendment and the incorporation of rights states were able to create laws that were in direct violation of the Bill of Rights
Since people are free to move from state to state in the United States, shouldn't states have the ability to create whichever laws best suit their
citizens?

Answer 1

Answer and Explanation:

The 14th amendment cannot be a violation of the concept of federalism, as federalism is in accordance with the concepts covered in the Bill of Rights and only allows for the separation and sharing of powers between state and federal governments if this does not hurt the concepts covered by the Bill of Rights. These concepts are strengthened with the 14th amendment and for this reason, we should not consider that this amendment could harm the concept of federalism.

The ability of a state to create its own laws must be maintained even if people can move from one state to another, because this allows states to organize and maintain order in their territories, independent of their inhabitants. In this case, the individual who is moving from state to state must adapt to the laws of the territory, so that he/she can remain in the place.