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Simple English definitions for legal terms
total incorporation
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A quick definition of total incorporation:
Total incorporation is the process of applying all the rules in the Bill of Rights to the states by interpreting the Due Process Clause of the 14th Amendment. This means that all the rights in the Bill of Rights are protected by the states. It is different from selective incorporation, which only applies some of the rules in the Bill of Rights. Incorporation can also refer to the formation of a legal corporation.
A more thorough explanation:
Total incorporation is the process of applying all the provisions of the Bill of Rights to the states by interpreting the 14th Amendment's Due Process Clause as encompassing those provisions.
For example, Justice Hugo Black advocated for total incorporation, which means that all the provisions of the Bill of Rights should be applied to the states.
This concept is important in constitutional law because it ensures that the rights and protections guaranteed by the Bill of Rights are extended to all citizens, regardless of which state they live in.
total failure of consideration | totality-of-the-circumstances test