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Which theory of incorporation is best supported by the 14th amendment?
Wiki User
∙ 13y ago
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.
Wiki User
∙ 8y ago
Wiki User
∙ 13y agoThis 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.
Wiki User
∙ 11y agoThe 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.
Wiki User
∙ 9y agoThe constitutional doctrine of incorporation ensures that the first ten amendments are binding on the states. It is also known as the selective incorporation.
Wiki User
∙ 11y agoit is somewhat with the corporation
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The constitutional basis for the nationalization of the Bill of Rights is?
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!
Which amendment made African Americans citizens?
All African Americans became citizens as a result of the 14th Amendment.
Which of the following measures declared that all persons born in the US were citizens of the US?
The 14th amendment
Which amendment includes the due process and equal protection clauses?
14th 13th, 14th, and 15th Amendments 14th It's the Fourteenth Amendment the 13th, 14th and 15th amendment ITS THE 14TH OMG
What is the selective incorporation process?
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.
Which constitutional amendment extended citizenship to formerly enslaved people?
The correct answer is The 14th Amendment
What is the nickname for the 14th amendment?
The nickname for the 14th amendment is the "Equal Protection Amendment."
Which amendment did the Supreme Court cite in its Roe v Wade decision?
14th Amendment
Why did Congress add the 14th amendment to the declaration when they did?
Why did Congress add the 14th amendment?
Which amendment involves immigration?
The 14th Amendment
Total incorporation v selective incorporation?
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.
What is the year of the 14th amendment in the constitution?
The 14th amendment to the USA was ratified in July 28, 1868
