Incorporation doctrine

E32819

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.

All labels observed (2)

Label Occurrences
Incorporation doctrine canonical 2
early incorporation doctrine 1

How this entity was disambiguated

Statements (50)

Predicate Object
instanceOf constitutional doctrine
legal doctrine
appliesTo United States Constitution
basedOn Fourteenth Amendment
surface form: 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 of America
surface form: 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 to the United States Constitution
surface form: 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
surface form: Due Process Clause of the Fourteenth Amendment

Equal Protection Clause
surface form: Equal Protection Clause of the Fourteenth Amendment

Privileges and Immunities Clause
surface form: Privileges or Immunities Clause of the Fourteenth Amendment

How these facts were elicited

Referenced by (3)

Full triples — surface form annotated when it differs from this entity's canonical label.

Due Process Clause relatedTo Incorporation doctrine
New York Criminal Anarchy Law legalDoctrineInfluence Incorporation doctrine
this entity surface form: early incorporation doctrine