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.
This question has been a source of disagreement among Supreme Court justices and legal scholars for years. On its face, the Fourteenth Amendment appears to support Total Incorporation (aka Mechanical Incorporation, Complete Incorporation); however, the US Supreme Court decided Selective Incorporation is a more appropriate means of applying the Bill of Rights to the states.
The theory that the Bill of Rights applies to the States interaction with their residents. In other words, when the Bill of Rights says, "Congress shall make no law...etc", then the State Legislatures can't either.
The constitutional doctrine of incorporation ensures that the first ten amendments are binding on the states. It is also known as the selective incorporation.
it is somewhat with the corporation
The 14th Amendment. Incorporation - the process by which court decisions have required the states to follow parts of the Bill of Rights based on the use or application of the 14th Amendment- which continued to occur gradually, up until the last incorporation case in 1969 (its also sometimes referred to as the "absorption' or the "nationalizing" of the Bill of Rights). -- This is what my book said. I hope that it helps!
All African Americans became citizens as a result of the 14th Amendment.
The 14th amendment
14th 13th, 14th, and 15th Amendments 14th It's the Fourteenth Amendment the 13th, 14th and 15th amendment ITS THE 14TH OMG
Selective Incorporation has nothing to do with corporations. It's a legal doctrine related to the Supreme Court deciding whether certain parts of the Bill of Rights are held to be applicable to the states as the result of the ratification of the 14th Amendment. Most of the first 8 amendments and the 13th Amendment are held to be applicable to the states as well as the Federal government.
The correct answer is The 14th Amendment
14th Amendment
The nickname for the 14th amendment is the "Equal Protection Amendment."
Why did Congress add the 14th amendment?
The 14th Amendment
The "total incorporation" argument holds that the 14th Amendment makes the individual States subject to the restrictions of the earlier Amendments. ALL of them. So if one of the Amendments in the Bill of Rights forbids Congress from infringing a particular freedom, then the State legislatures can't do so either."Selective incorporation" holds that only those Amendments that embody certain "fundamental rights" are applied to the States.
The 14th amendment to the USA was ratified in July 28, 1868