Federal Supremacy and Selective Incorporation

Part of the Exploring Our Nation series, this brief look at two cornerstones of American law begins with an explanation that the Bill of Rights in the U.S. Constitution set the stage for the still-challenging issue of federal versus state power. During the Reconstruction era, the 14th amendment was passed, establishing full citizenship as the right of anyone born in the U.S. with equal protection under the law. The amendment has been cited in historic Supreme Court decisions concerning school prayer, legal counsel for the poor, Miranda rights, the right to bear arms and, most recently, marriage equality. “Selective Incorporation” refers to the new nation's initial efforts in creating a binding constitution, which led to all kinds of problems with patchwork governing. The Constitutional Convention of 1783 cleared up many issues, including the establishment of the “supremacy clause” (which held that laws established at the federal level trump—no pun intended—those of individual states). Offering a solid historical overview, this is recommended. Aud: J, H, P. (T. Keogh)