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.Know More
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 Bill of Rights Institute explains that the first 10 amendments of the Constitution were written by James Madison. These amendments comprise the "Bill of Rights," and they were written to provide greater constitutional protection for individual liberties. They include the right to freedom of speech and to bear arms.Full Answer >
The Bill of Rights was added to the Constitution as a conciliatory measure between rival ideological factions active during the Constitutional Convention and subsequent state ratification. Most importantly, it addressed individual liberties that were not adequately addressed in the Constitution itself.Full Answer >
The Bill of Rights was added to the United States Constitution to guarantee the protection of the people from a strong central government. It served as a compromise between the Federalists and Anti-Federalists to achieve the ratification of the Constitution.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 >