Selective incorporation is the inclusion of specific clauses from the Bill of Rights into the due process clause of the 14th Amendment through Supreme Court decisions. American federalism slowed down the process of incorporation because the Bill of Rights are specific to things that Congress cannot do and have nothing to do with states. Therefore, Congress had to wait until the 14th Amendment was ratified to have any power to intervene in state affairs to protect the privileges and immunities of citizens, to prevent the deprivation of life, liberty, and property without just compensation, and to give citizens equal protection of the laws. However, since it is the Court's job to interpret the laws, the Supreme Court then had to decide what parts of the Bill of Rights should be incorporated into the due process clause of the 14th Amendment through individual court cases.
The Supreme Court case Barron v. Baltimore differs from Gitlow v. New York and Palko v. Connecticut because it took place in 1833, which was well before the 14th Amendment, so the Bill of Rights only applied to federal government, not states. In the case, Barron claimed that the city of Baltimore had violated his 5th Amendment right requiring just compensation for the taking of his private property, but since the Bill of Rights only applied to federal actions and since Maryland did not have property protection as part of its constitution, Barron did not have any legal grounds to his claim.
The Supreme Court case Gitlow v. New York differs from Palko v. Connecticut because it incorporated freedom of speech as a liberty that is protected under the 14th Amendment's due process clause. Palko v. Connecticut dealt with the 5th Amendment right of not being tried for the same crime twice, called double jeopardy. The Supreme Court ruled that double jeopardy was not one of the provisions of the Bill of Rights incorporated in the 14th Amendment, and Palko lost the case.
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