Block, SkipCaptcha, Upload, Automoderated users, edit, move, protect, rollback
9,147
edits
Changes
Jump to navigation
Jump to search
Line 1:
Line 1: +
Image of the Bill of Rights original proposal
[[Image:Bill Of Rights Proposal.jpg|thumb|300px|The Bill of Rights as originally proposed contained the following description as "declaratory and restrictive clauses".]]
'''Incorporation''' is a legal doctrine applied by the U.S. judicial system which applies the liberties and protections of [[Bill of Rights]] in the jurisdiction of the state and local governments. This means the same limitations which apply to laws written and executed at the federal level must also be observed by lower level governments. For the first 150 years of constitutional interpretation, the Bill of Rights applied against only the federal government. Incorporation is only an interpretation of the [[U.S. Constitution]] and is not institutionalized, meaning incorporation is not written into the legal framework of the government rather it has been interpreted into the framework by justices on the [[U.S. Supreme Court]]. This means that rights could be unincorporated though this is unlikely due to the tradition of [[stare decisis|legal precedent]].
'''Incorporation''' is a legal doctrine applied by the U.S. judicial system which applies the liberties and protections of [[Bill of Rights]] in the jurisdiction of the state and local governments. This means the same limitations which apply to laws written and executed at the federal level must also be observed by lower level governments. For the first 150 years of constitutional interpretation, the Bill of Rights applied against only the federal government. Incorporation is only an interpretation of the [[U.S. Constitution]] and is not institutionalized, meaning incorporation is not written into the legal framework of the government rather it has been interpreted into the framework by justices on the [[U.S. Supreme Court]]. This means that rights could be unincorporated though this is unlikely due to the tradition of [[stare decisis|legal precedent]].