Incorporation theory refers to the act of the U.S. Supreme Court applying federal protections in the Bill of Rights to the states using the Fourteenth Amendment to the U.S. Constitution, according to Bill of Rights Institute. Under this theory, both federal and state laws must adhere to certain amendments in the Bill of Rights.Continue Reading
The U.S. Supreme Court decided to use “selective incorporation,” according to Professor Stephen Shapiro of the University of Baltimore. This means that the justices did not declare the entire document as applicable to the states. Instead, the Supreme Court incorporated each expressed right individually. Incorporation began in 1897 and continued through the 1960s. Though the original intent of the Bill of Rights applied only to the federal government, subsequent court cases and laws found the need for expansion of the rights. The Fourteenth Amendment under the “due process” clause gave the U.S. Supreme Court the authority to incorporate each right.
Rights not under incorporation include the Second Amendment, the Third Amendment, part of the Fifth Amendment and the Seventh Amendment, according to the College of the Redwoods. Citizens must present a case that includes the need for incorporation in order for these amendments to apply to the states as well.Learn more about The Constitution
The Second Amendment to the U.S. Constitution was sent to the states for ratification by the first U.S. Congress along with the nine other amendments that constitute what is known as the Bill of Rights. Ratified by the necessary three-fourths of the states on Dec. 15, 1791, the Second Amendment amended the Constitution to enshrine in law the individual right to keep and bear firearms.Full Answer >
The First Amendment of the Constitution of the United States of America is part of the Bill of Rights, a document that enumerates freedoms given to all Americans. The amendment was ratified Dec. 15, 1791, and it guarantees the rights of citizens to worship, peaceably assemble and address grievances to the federal government.Full Answer >
The first 10 amendments to the U.S. Constitution are known as the Bill of Rights and were passed by Congress on Sept. 25, 1789 and ratified on Dec. 15, 1791. As of 2014, there are 27 amendments to the Constitution.Full Answer >
The Bill of Rights written by James Madison comprises the first 10 amendments to the U.S. Constitution and is found on every copy of the Constitution. Readers can access a copy of the U.S. Constitution and Bill of Rights on the website of the U.S. National Archives and Records Administration.Full Answer >