What does the 'selective incorporation' view advocate?

The selective incorporation view advocates for the gradual application of certain provisions of the Bill of Rights to the states through the Fourteenth Amendment's Due Process Clause. This legal doctrine emerged from a series of Supreme Court decisions that interpreted individual rights in the Bill of Rights as being applicable to state governments, but not necessarily all at once. Instead of enforcing every right simultaneously, the Court has made decisions case by case, determining which rights are fundamental to the concept of liberty and therefore applicable to the states.

This approach recognizes the balance between federal and state powers while also ensuring that individuals are protected from state infringement on essential rights, thus reinforcing the principle of federalism. It underscores the post-Civil War intent of the Fourteenth Amendment, which aimed to extend civil liberties beyond federal constraints to include protections against state actions. By embracing selective incorporation, the judicial system has allowed flexibility in the application of rights, resulting in a more nuanced legal framework that responds to societal changes and interpretations of justice.