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The first attempt to incorporate the Bill of Rights to the states was based on the Fourteenth Amendment Powers of Congressional Enforcement (Section 5), followed by an attempt at using the Privileges and Immunities Clause. When these failed, incorporation was conducted via the Fourteenth Amendment Due Process and Equal Protection Clauses.
For more information, see Related Questions, below.
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Is incorporation a change or addition to the Constitution?
No. In reference to the Constitution, "incorporation" means applying portions of the Bill of Rights to the States, to prevent the states from infringing on people's constitutional rights. A change or addition to the Constitution is called an amendment.
What are the concepts of total incorporation and selective incorporation as they relate to the Bill of Rights?
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.
What portions of the bill of rights are of particular significance to the administration of justice?
all
What term is used when the fourteenth amendment is used to apply the bill of rights to state government?
incorporation
Did the US Supreme Court apply the entire Bill of Rights to the states under doctrine of Total Incorporation?
No. The US Supreme Court used the doctrine of "Selective Incorporation" to apply the Bill of Rights to the States on a clause-by-clause basis, as they became relevant to cases before the Court.
Is incorporation a change or addition to the Constitution?
No. In reference to the Constitution, "incorporation" means applying portions of the Bill of Rights to the States, to prevent the states from infringing on people's constitutional rights. A change or addition to the Constitution is called an amendment.
The Supreme court's decision in Miranda v Arizona was based mainly on?
the incorporation of due process rights in the Bill of Rights so as to make them apply to the states
What is the incorporation of the bill of rights?
the process of applying the Bill of Rights to state governments as well as the federal government
What process extends the bill of rights to protect individuals from all levels of government?
Naturalization! actually the answer to the question is 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
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.
What term describes the view that only fundamental bill of rights protection ms should apply to the states?
Selective incorporation
What is the impact of the incorporation of Bill of Rights?
most protections of the bill of rights applied to state governments
What are the concepts of total incorporation and selective incorporation as they relate to the Bill of Rights?
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.
What doctrie of rights did both the no incorporation justices and the plus incorportation justices use to expand the notion of legal rights?
The no incorporation justices argued that the Bill of Rights applied only to the federal government, not the states. The plus incorporation justices used the Due Process Clause of the Fourteenth Amendment to extend the Bill of Rights to the states, incorporating them through a process of selective or total incorporation.
what term describes the view that only fundamental bill of rights protections should apply to the states ?
selective incorporation
Does the incorporation of the Bill of Rights mean that the rights given on a federal level also apply on the state level?
Yes, but only for those portions of the Bill of Rights which have been incorporated to the states via the Fourteenth Amendment Due Process and Equal Protection Clauses. The US Supreme Court uses a process called "selective incorporation" that applies the first eight amendments of the Bill of Rights to the states on a clause-by-clause basis as need arises, but not all amendments or clauses within amendments have been applied.For more information, see Related Questions, below.
