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Incorporation doctrine (view source)
Revision as of 03:01, December 18, 2016
, 03:01, December 18, 2016Incorporation doctrine lays the foundation for judicial supremacy.
==Total or selective incorporation==
==Total or selective incorporation==
Historically the doctrine has been interpreted as selective incorporation. Not every right in the Constitution applies to the state and local governments. The Supreme Court has evaluated arguments on a case-by-case basis to determine the necessity of incorporating the right in question. [[Hugo Black|Justice Hugo Black]] was a leading proponent of total incorporation: the idea that the entire Bill of Rights should be incorporated en bloc through the Due Process Clause of the Fourteenth Amendment.
Historically the doctrine has been interpreted as selective incorporation. Not every right in the Constitution applies to the state and local governments. The Supreme Court has evaluated arguments on a case-by-case basis to determine the necessity of incorporating the right in question. [[Hugo Black|Justice Hugo Black]] was a leading proponent of total incorporation: the idea that the entire Bill of Rights should be incorporated en bloc through the Due Process Clause of the Fourteenth Amendment.
Some have argued that selective incorporation lays the groundwork for [[Judicial Supremacy]].<ref>[http://www.washingtontimes.com/news/2016/dec/12/our-two-bills-of-rights/ Our ‘two’ Bills of Rights]</ref> The bill of rights is not supposed to protect the federal government from the states and the people, it is supposed to protect the people and the states from the federal government.
==References==
==References==