OverviewThe incorporation doctrine is a constitutional doctrine through which the first ten amendments of the United States Constitution (known as the Bill of Rights) are made applicable to the states through the Due Process clause of the Fourteenth Amendment. Incorporation applies both substantively and procedurally. Prior to the doctrine's (and the Fourteenth Amendment's) existence, the Bill of Rights applied only to the Federal Government and to federal court cases. States and state courts could choose to adopt similar laws, but were under no obligation to do so. Show
After the passage of the Fourteenth Amendment, the Supreme Court favored a process called “selective incorporation.” Under selective incorporation, the Supreme Court would incorporate certain parts of certain amendments, rather than incorporating an entire amendment at once. Some argue that Privileges or Immunities Clause is a more appropriate textual basis than the due process clause for incorporation of the Bill of Rights but because Slaughter-House Cases dealing with this clause are surrounded by controversy this theory is not supported by the majority of the court. As a note, the Ninth Amendment and the Tenth Amendment have not been incorporated, and it is unlikely that they ever will be. The text of the Tenth Amendment directly interacts with state law, and the Supreme Court rarely relies upon the Ninth Amendment when deciding cases. Incorporated Amendments
Reverse IncorporationReverse incorporation under Bolling v. Sharpe, refers to the Supreme Court using state law to fill in the gaps when deciding issues which Supreme Court itself has not considered before. This doctrine has not been used very often by the Supreme Court. For more on reverse incorporation, see this Southern California Law Review article and this University of Michigan Law Review article. Further ReadingFor more on the Incorporation Doctrine, see this ABA article on the Seventh Amendment, this Valparaiso Law Review article on the Third Amendment, and this ABA article. Amended by Krystyna Blokhina Gilkis 3.30.20 Which of the following statements best describes the doctrine of selective incorporation quizlet?Which of the following best describes the process of selective incorporation? It refers to the Supreme Court applying the Bill of Rights to state governments in addition to the federal government.
Which of the following is an example of selective incorporation?For example, the Supreme Court has yet to hold that the Eighth Amendment's prohibition against excessive bail and fines applies to the states. Because not all of the rights in the Bill of Rights have been incorporated against the states, courts have described incorporation as 'selective incorporation'.
Which of the following best defines selective incorporation?Selective incorporation is a doctrine describing the ability of the federal government to prevent states from enacting laws that violate some of the basic constitutional rights of American citizens.
What is the incorporation doctrine quizlet?incorporation doctrine. the legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the fourteenth amendment.
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