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The Importance of State Inclusion in the United States: Understanding the Role of States in America
One of the defining characteristics of the United States of America is its federal system, which divides power between the central government and individual states. This system has helped to promote democracy, protect individual rights, and foster economic growth. In this article, we will explore the importance of state inclusion in the United States, examining the role of states in American democracy and how they contribute to the country’s success.
The Role of States in American Democracy
States play a crucial role in American democracy, serving as the laboratories of democracy in which new policies and ideas can be tested. They are responsible for a wide range of public services, including education, transportation, and law enforcement.
States also play a significant role in shaping federal policy, as they often develop innovative programs that can be adopted at the national level. States have the power to experiment with policies that may not be viable on a national level, and they can provide valuable insight into the effectiveness of different measures.
States serve as a meaningful counterweight to the central government’s power, ensuring that individual states’ interests and needs are represented. This helps to ensure that the national government remains responsive to the needs and desires of all Americans, no matter where they live.
Protecting Individual Rights
States also help to protect individual rights by serving as a check on the power of the federal government. Through their state legislatures and court systems, individual states have the ability to regulate conduct and protect individual freedoms.
For example, during the Civil Rights Movement of the 1950s and 1960s, many states played a critical role in fighting for equal rights, passing laws and establishing legal precedents that helped to advance civil rights on a national level.
Fostering Economic Growth
States are also critical in fostering economic growth, as they have the power to create policies that promote economic development in their jurisdictions. This can include creating tax incentives for businesses, investing in infrastructure, or developing new industries.
Through their ability to regulate commerce and industry, states can create economic conditions that foster growth, attract new businesses and industries, and spur job creation. While individual states may compete with one another for economic activity, the overall economic environment created by the federal system is essential to the country’s overall success.
Conclusion
State inclusion is an essential component of the American democracy, providing the foundation for innovation, progress, and greater individual freedoms. States are critical in shaping national policy, protecting individual rights, and fostering economic growth. While there may be challenges to this model of governance, the benefits of a federal system, including the diversity it promotes and the checks it places on centralized power, make it a cornerstone of American democracy.
The Bill of Rights, or first Ten Amendments of the Constitution, are the undeniable rights afforded to American citizens. Published over 200 years ago, these rights still hold incredible significance as they pertain to present day society. When they were first introduced, the Bill of Rights only extended to matters overseen by the Federal Government. Trials or instances where the rights were in question did not associate with State governments until the early 1890s. Using the 14th Amendment as its platform, the United States extended the reach of the Bill of Rights to State governments through the incorporation doctrine.
The 14th Amendment of the United States Constitution provided American citizens with a broad definition of their undeniable rights. The Due Process Clause, perhaps the Amendment’s most important subsection, recognizes a series of substantive due process rights including: parental, marriage, and procedural rights. The Due Process Clause enabled State governments to recognize the liberties offered in the Bill of Rights to individuals. It simply forced the Government to respect all legal rights established in the Constitution.
Prior to adoption and subsequent ratification of the 14th Amendment, the Supreme Court consistently upheld that the Bill of Rights applied specifically to the Federal Government. Inclusion into State law arose in the early 1890s when a series of Supreme Court cases questioned the credibility of the first 10 Amendments on a State level.
The two most notable Supreme Court cases which sparked the genesis of the incorporation doctrine were Chicago, Burlington and Quincy Railroad v. City of Chicago (1897) and Gitlow vs. New York (1925). In each of these cases, the Supreme Court ruled that the individual State governments were bound to uphold the particular civil liberties awarded in the Constitution. In the Quincy Railroad case the Supreme Court ruled that some form of just compensation is required for property appropriated by State or local governments. This particular ruling upheld and extended the rights detailed in the 5th Amendment to Quincy as they pertained to State governments.
The 1925 Supreme Court case, Gitlow vs New York, is perhaps the most notable inclusion of the Bill of Rights into State law. Benjamin Gitlow was an American socialist who was convicted of criminal anarchy for his role in the production of a Communist publication, “The Left Wing Manifesto”. The courts claimed that Gitlow was attempting to augment a violent overthrow of Government through his publication and teachings.
Although the New York court found him guilty, the Supreme Court upheld Gitlow’s rights to free speech and free press and later freed him of charges. The Court stated in its decision, “for present purposes, we may assume that freedom of speech and of press…are among the fundamental personal rights and liberties protected by the due process clause of the Fourteenth Amendment from impairment by the State.” The Supreme Court’s ruling was a fundamental starting point for the Bill of Rights to be observed and respected by State law.
Rulings such as Burlington and Quincy Railroad v. City of Chicago (1897) and Gitlow vs. New York (1925) have cemented the inclusion of the Bill of Rights into state law. However, there are a few Amendments, due to their broadness, ambiguity, or archaic nature, which have not been incorporated into State governments. Below is a listing of the Amendments found in the Bill of Rights and their status in regards to State law.
● Establishment of religion-incorporated
● Free exercise of religion-incorporated
● Freedom of speech-incorporated
● Freedom of the press-incorporated
● Freedom of assembly-incorporated
● The right to bear arms is not incorporated against the states.
● Freedom of quartering soldiers is not incorporated against the states.
● Protection against unreasonable search and seizure-incorporated
● Various requirements for warrant requirements-incorporated
● Judgments pertaining to unreasonable acquisitions of warrants-incorporated
5th Amendment:
● Right to indictment by a grand jury has not been incorporated-the majority of State Constitutions have previously upheld
this right.
● Protection against double jeopardy-incorporated
● Protection against self-incrimination-incorporated
● Right to a speedy trial-incorporated
● Right to a public trial-incorporated
● Right to trial by impartial jury-incorporated
● Right to notice of accusations-incorporated
