Incorporation doctrine | DisamKB

Incorporation doctrine

E32819

constitutional doctrine legal doctrine

The Incorporation doctrine is a constitutional principle through which most protections in the U.S. Bill of Rights have been made enforceable against state governments via the Fourteenth Amendment.

Statements (50)

Predicate	Object
instanceOf	constitutional doctrine → legal doctrine →
appliesTo	United States Constitution →
basedOn	Fourteenth Amendment to the United States Constitution →
centralTest	whether a right is deeply rooted in the Nation’s history and tradition → whether a right is fundamental to ordered liberty →
contrastedWith	total incorporation theory →
developedBy	Supreme Court of the United States →
dominantForm	selective incorporation →
field	civil rights law → constitutional law →
historicalPrecedent	Barron v. Baltimore →
incorporates	Eighth Amendment protection against cruel and unusual punishment → Eighth Amendment protection against excessive fines → Fifth Amendment protection against double jeopardy → Fifth Amendment protection against self-incrimination → First Amendment freedoms of speech, press, religion, assembly, and petition → Fourth Amendment protection against unreasonable searches and seizures → Second Amendment right to keep and bear arms → Sixth Amendment right to a speedy and public trial → Sixth Amendment right to an impartial jury → Sixth Amendment right to counsel →
jurisdiction	United States →
keyCase	Duncan v. Louisiana → Gideon v. Wainwright → Gitlow v. New York → Malloy v. Hogan → Mapp v. Ohio → McDonald v. City of Chicago → Near v. Minnesota → Palko v. Connecticut → Timbs v. Indiana →
legalEffect	applies federal constitutional rights to the states → limits state government power → makes most Bill of Rights protections enforceable against state governments →
method	case-by-case application of Bill of Rights provisions →
notFullyIncorporated	Fifth Amendment right to a grand jury indictment in state criminal cases → Seventh Amendment right to a civil jury trial in state courts → Third Amendment →
overcameHoldingOf	Barron v. Baltimore →
relatesTo	Bill of Rights → federalism in the United States → judicial review → selective incorporation → total incorporation →
timePeriodOfDevelopment	20th century → late 19th century →
usesClause	Due Process Clause of the Fourteenth Amendment → Equal Protection Clause of the Fourteenth Amendment → Privileges or Immunities Clause of the Fourteenth Amendment →

Referenced by (2)

Subject (surface form when different)	Predicate
First Amendment to the United States Constitution →	appliedToStatesBy
Due Process Clause →	relatedTo