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The incorporation doctrine is the legal theory that allows the Supreme Court to apply the Bill of Rights to the states under the Fourteenth Amendment Due Process and Equal Protection Clauses.

It made most of the Bill of Rights (the first ten amendments to the Constitution) apply to the state governments as well as to the federal government.

Under the original understanding of the Constitution, the power of the states was not limited by the Bill of Rights. States could restrict freedom of speech, search without warrants, and deny trial by jury, just to name three examples. The ratification of the Fourteenth Amendment in 1868 did not change this understanding.

But starting in 1925, the justices of the U.S. Supreme Court began to rule that some rights were so fundamental to the conception of due process of law that they must apply to the states through the Fourteenth Amendment, which prohibits any state from denying due process of law to any person.

The Supreme Court generally allowed states to restrict a fundamental right only if the authorities had a compelling reason for the law, and only if the law was narrowly tailored to accomplish a permissible purpose.

Some justices complained that there was no objective standard to judge which rights were fundamental and which were not, which reasons were compelling and which were merely rational.

While the incorporation doctrine greatly expanded the rights of Americans, it also transferred to the Supreme Court much of the power that had resided in state governments since the founding of the nation. Decisions about limits on police power, searches, confessions, free speech and prayer in school, topless dancing, Ten Commandments displays, abortion, vagrancy laws, and the death penalty all were taken out of the hands of state lawmakers and judges and turned over to the justices of the U.S. Supreme Court.

The incorporation doctrine is one of the reasons for the fierce political battles over nominees to the federal bench. The definition of fundamental rights and compelling state interests can change with the personal values and political views of the judges.

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12y ago
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10y ago

It is the bill of rights incorporated into the 14th amendment

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13y ago

It is the legal process by which the Bill of Rights is applied to the states.

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Q: What is the incorporation theory?
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Related questions

What theory of incorporation was finally adopted by the US Supreme Court?

Selective incorporation


Which theory of incorporation holds that the Fourteenth Amendment applied the entire Bill of Rights to the states nothing more and nothing less?

Total Incorporation or full incorporation


Which theory of incorporation under the Fourteenth Amendment holds that the actual application of the bill of rights to the states has happen on a case by case basis?

Partial incorporation


Which theory of incorporation holds that the due process clause of the Fourteenth Amendment created a broad but undefined set of rights based on fundamental fairness?

If this is for apex, the answer is no incorporation


Which theory of incorporation holds that due process clause of the fourteenth amendment created a broad but undefined set of rights based on fundamental fairness?

Total incorporation was the theory that the Fourteenth Amendment created a broad but undefined set of rights.


Which theory of incorporation holds that the due process clause of the fourteenth amendment create a broad but undefined set of rights based on fundamental fairness?

Total incorporation was the theory that the Fourteenth Amendment created a broad but undefined set of rights.


What theory of incorporation holds that the fourteenth amendment applied the bill of rights to the states nothing more and nothing less?

Total or Mechanical Incorporation (sometimes also called complete incorporation), which was championed by Justice Hugo Black. The US Supreme Court uses "selective incorporation," however.For more information, see Related Questions, below.


Which theory of incorporation holds that the fourteenth amendment applied to the entire bill of rights to the states?

Total or Mechanical Incorporation (sometimes also called complete incorporation), which was championed by Justice Hugo Black. The US Supreme Court uses "selective incorporation," however.For more information, see Related Questions, below.


What is blanket incorporation?

Blanket incorporation is gay.


Which theory of incorporation is best supported by the 14th amendment?

Total incorporation (sometimes called "mechanical incorporation" or "complete incorporation") would apply the first eight amendments of the Bill of Rights (the Ninth and Tenth aren't individual rights; the Ninth isn't triable) to the states as a single unit via the Fourteenth Amendment, as some constitutional scholars argue was the original intent. The US Supreme Court has elected to use a process called selective incorporation, which applies individual clauses to the states via the Fourteenth Amendment Due Process and Equal Protection Clauses, as needed.


When was the Solar City incorporation established?

The Solar City Incorporation is an Incorporation that sells wholesale solar energy equipment. The Incorporation was established in 2012 and incorporated in New York, USA.


What is the incorporation controversy?

The incorporation controversy s a debate occurred with the incorporation doctrine. The incorporation doctrine makes select provisions of the Bill of Rights apply to the state and local governments.