Selective Incorporation is a constitutional legal code that protects the rights of a citizen that is ensured in the Bill of Rights. It has been used in numerous cases throughout time to remind everyone that every citizen’s rights are protected. Some cases include Town of Greece v. Galloway, McDonald v. Chicago, Benton v. Maryland, and Atkins v. Virginia. In these cases, multiple people were tried for what were misunderstood as wrongdoings. Selective Incorporation is used widely in the judicial branch by judges and the jury to determine a verdict. Theses cases portray that the Constitution not only is used by the government, but also for the benefit of the citizens.
For example, the Town of Greece was targeted by Susan Galloway and Linda Stephens …show more content…
Justice Anthony Kennedy told his opinion for the 5-4 majority. The Court said that the First Amendment suggested that the Establishment Clause was never meant to outlaw prayer. The prayers that were said by the Town of Greece did not talk badly about other religions which made it protected under the First Amendment. The Town of Greece won this case solely because of the Fourteenth Amendment and Selective Incorporation.
Another example of Selective Incorporation is the case McDonald v. Chicago. A Chicago ordinance banned the use of private gun ownership. Otis McDonald, a 76 year old retired maintenance engineer, lived in a neighborhood that was taken over by gangs and drug dealers. McDonald’s lawn was continuously littered on and hs garage had been broken into 5 times. McDonald was an experienced hunter and owned shotguns in his house, but in the case of a robbery he felt that it was not suitable and easy to …show more content…
Therefore, the court overruled the larceny conviction from the second trial of John Benton. Benton later only had to serve ten years in jail compared to his previous 15 years he was supposed to serve. The larceny charge took off five years of jail time away from John Benton. Also, another case that involves Selective Incorporation is Malloy v. Hogan.
This case mainly references the Fifth Amendment, the right against self-incrimination. In the case, Malloy, a petitioner, was sentenced to one year in jail for unlawful gambling. After 3 months, however, he was released from jail and put on probation for 2 years. While malloy was on probation, he was asked to testify to a state inquiry into gambling and other criminal-related activities that Malloy was involved in. When he heard this, he declined to testify and answer their questions because it would have incriminated
For example, the Town of Greece was targeted by Susan Galloway and Linda Stephens …show more content…
Justice Anthony Kennedy told his opinion for the 5-4 majority. The Court said that the First Amendment suggested that the Establishment Clause was never meant to outlaw prayer. The prayers that were said by the Town of Greece did not talk badly about other religions which made it protected under the First Amendment. The Town of Greece won this case solely because of the Fourteenth Amendment and Selective Incorporation.
Another example of Selective Incorporation is the case McDonald v. Chicago. A Chicago ordinance banned the use of private gun ownership. Otis McDonald, a 76 year old retired maintenance engineer, lived in a neighborhood that was taken over by gangs and drug dealers. McDonald’s lawn was continuously littered on and hs garage had been broken into 5 times. McDonald was an experienced hunter and owned shotguns in his house, but in the case of a robbery he felt that it was not suitable and easy to …show more content…
Therefore, the court overruled the larceny conviction from the second trial of John Benton. Benton later only had to serve ten years in jail compared to his previous 15 years he was supposed to serve. The larceny charge took off five years of jail time away from John Benton. Also, another case that involves Selective Incorporation is Malloy v. Hogan.
This case mainly references the Fifth Amendment, the right against self-incrimination. In the case, Malloy, a petitioner, was sentenced to one year in jail for unlawful gambling. After 3 months, however, he was released from jail and put on probation for 2 years. While malloy was on probation, he was asked to testify to a state inquiry into gambling and other criminal-related activities that Malloy was involved in. When he heard this, he declined to testify and answer their questions because it would have incriminated