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Simple English definitions for legal terms

incorporation doctrine

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A quick definition of incorporation doctrine:

The incorporation doctrine is a rule that says parts of the Bill of Rights (the first ten amendments to the US Constitution) apply to the states through the Fourteenth Amendment's Due Process clause. Before this rule, the Bill of Rights only applied to the federal government. The Supreme Court decided that certain rights in the Bill of Rights are essential to due process and should apply to the states. This is called selective incorporation. Some amendments, like the Ninth and Tenth, have not been incorporated. Reverse incorporation is when the Supreme Court uses state law to fill in gaps in its decisions.

A more thorough explanation:

The incorporation doctrine is a constitutional principle that applies parts of the Bill of Rights to the states through the Due Process clause of the Fourteenth Amendment. Before the doctrine's existence, the Bill of Rights only applied to the federal government and federal court cases. However, after the passage of the Fourteenth Amendment, the Supreme Court found that the Due Process clause included applying parts of the Bill of Rights to states.

Under selective incorporation, the Supreme Court incorporated certain parts of certain amendments, rather than incorporating an entire amendment at once. For example, the First Amendment has been fully incorporated, while the Third Amendment has not been incorporated at all. The Second Amendment has been fully incorporated, but the Sixth Amendment has only been partially incorporated.

One example of incorporation is the right to keep and bear arms, which was fully incorporated under the Second Amendment in the case of McDonald v. Chicago. Another example is the right to a speedy trial, which was partially incorporated under the Sixth Amendment in the case of Klopfer v. North Carolina.

It's important to note that not all amendments have been incorporated, and it's unlikely that they ever will be. For example, the Tenth Amendment directly interacts with state law, and the Supreme Court rarely relies upon the Ninth Amendment when deciding cases.

Overall, the incorporation doctrine is a way to ensure that the Bill of Rights applies to both the federal government and the states, protecting the rights of all citizens.

incorporation (of the Bill of Rights) | incorporator

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Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
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