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What are the concepts of total incorporation and selective incorporation as they relate to the Bill of Rights?
Wiki User
∙ 13y ago
Total incorporation (sometimes called "mechanical 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.
Selective incorporation applies individual clauses within the Bill of Rights as the need arises due to US Supreme Court decisions. This has left certain portions of the first eight amendments, including the Second and Seventh Amendments in their entirety, under state government control. Second Amendment incorporation was recently challenged in McDonald v. Chicago, (2010); the Court is expected to make a determination on the matter by the end of June 2010.
For more information, see Related Questions, below.
Wiki User
∙ 13y ago
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What portion of the 14th Amendment forced the States to adhere to the Bill of Rights?
The Fourteenth Amendment Due Process and Equal Protection Clauses have both been used, but the Due Process Clause has been used more because many amendments in the Bill of Rights relate directly to protection against abuse from the criminal justice system (due process of law).Please note that only the First, Fourth and Sixth Amendments have been fully incorporated; the Fifth Amendment is mostly incorporated; The Third and Eighth Amendments are partially incorporated; the Second and Seventh Amendments are currently unincorporated. The Ninth and Tenth Amendments, while considered part of the Bill of Rights, are not amenable to the process.For more information, see Related Questions, below.
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