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'''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 an interpretation of the [[U.S. Constitution]] and is not institutionalized meaning incorporation is not written into the legal framework of the U.S., 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 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]].

Rights and privileges of the citizens are currently incorporated by means of the [[Fourteenth Amendment]]. The Due Process Clause read “substantively” allows justices to apply a more modern meaning to the Fourteenth Amendment that incorporates “fundamental rights necessary to our system of ordered liberty.”<ref>''McDonald v. Chicago'' (2010), Samuel Alito's majority opinion</ref> The first piece of the Bill of Rights to be incorporated was just compensation of the [[Fifth Amendment]] in 1897 in the case ''Chicago, Burlington & Quincy Railroad Co. v. City of Chicago''.  The writer of the majority opinion in that case was [[John Marshall Harlan|Justice John Marshall Harlan]] joined by 6 other justices. The last amendment to be incorporated was the [[Second Amendment]] in the 2010 case ''McDonald v. Chicago''.

Rights and privileges of the citizens are currently incorporated by means of the [[Fourteenth Amendment]]. The Due Process Clause read “substantively” allows justices to apply a more modern meaning to the Fourteenth Amendment that incorporates “fundamental rights necessary to our system of ordered liberty.”<ref>''McDonald v. Chicago'' (2010), Samuel Alito's majority opinion</ref> The first piece of the Bill of Rights to be incorporated was just compensation of the [[Fifth Amendment]] in 1897 in the case ''Chicago, Burlington & Quincy Railroad Co. v. City of Chicago''.  The writer of the majority opinion in that case was [[John Marshall Harlan|Justice John Marshall Harlan]] joined by 6 other justices. The last amendment to be incorporated was the [[Second Amendment]] in the 2010 case ''McDonald v. Chicago''.

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[[Category:law]]

[[Category:law]]