How civil liberties apply to the federal government


Problem:

Outline the founding debate about civil liberties and explain how civil liberties apply to the federal government and the states. What is the significance of selective incorporation? Selective incorporation requires that an individual in custody be brought into court and shown the cause for detention. Selective incorporation gave the judiciary the power to determine the constitutionality of laws. Selective incorporation applies the liberties and rights found in the Bill of Rights to state governments, and this matter because state legislatures pass a considerable number of laws and regulations that could infringe on individual liberty and rights. Selective incorporation requires that persons under arrest be informed prior to police interrogation of their rights to remain silent and to have the benefit of legal counsel.

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