How much of the Bill of Rights applies to the states. -Apex :)
Selective incorporation
Total incorporation is the legal doctrine which holds that the Fourteenth Amendment's Due Process Clause incorporates all of the protections in the Bill of Rights against the states. Selective incorporation, on the other hand, is the legal doctrine which holds that the Fourteenth Amendment's Due Process Clause incorporates only certain fundamental protections in the Bill of Rights against the states.
selective incorporation
The shift from total incorporation to selective incorporation in the 1960s was primarily driven by the Supreme Court's desire to balance state and federal powers while ensuring individual rights. Total incorporation would have applied all protections in the Bill of Rights to the states, which was seen as overly broad. Instead, selective incorporation allowed the Court to evaluate and apply specific rights deemed fundamental to the notion of due process under the 14th Amendment. This approach provided a more nuanced framework for protecting individual liberties while respecting states' rights.
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.
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.
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.
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.
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.
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.
Total Incorporation or full incorporation
Yes, the incorporation controversy regarding the application of the Bill of Rights to the states typically involves four main approaches: the total incorporation approach, which argues that all provisions of the Bill of Rights apply to the states; the selective incorporation approach, which asserts that only certain rights are applicable through the Fourteenth Amendment; the fundamental rights approach, which focuses on rights essential to the notion of liberty; and the "no incorporation" approach, which holds that the Bill of Rights applies solely to the federal government. Each approach reflects differing interpretations of the Constitution and the intentions of the framers.