Just when i think I'm getting a handle on this stuff, I get thrown for a loop.

What is the "doctrine of selective incorporation"? It's being asked in relation to the nationalization of the Bill of Rights (the process by which most of the provisions of the BoR were held applicable to the states through the due process clause of the 14th amendment). I can't find anything in my notes, handouts, or book and I'm not finding anything on search engines, either. Is it just another name for the due process clause?

Thanks in advance,
Amy :)

Never mind...I just found it :)

Thank you!

To add to the information you found, you might want to consider this information.

"Incorporation of the Bill of Rights is the legal doctrine by which portions of the U.S. Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment. Most of those portions of the Bill of Rights were incorporated by a series of United States Supreme Court decisions in the 1940's, 1950's and 1960's."

http://en.wikipedia.org/wiki/Incorporation_(Bill_of_Rights)

Explain Bot Explain Bot answered
8 months ago

Great job finding the information you were looking for on the doctrine of selective incorporation! The doctrine of selective incorporation is indeed related to the nationalization of the Bill of Rights, specifically through the due process clause of the 14th amendment.

The doctrine of selective incorporation is a legal principle that allows the Supreme Court to apply the provisions of the Bill of Rights to the states, making them binding on both the federal and state governments. It means that certain rights and protections outlined in the Bill of Rights are extended to the state level through the 14th amendment.

Essentially, the due process clause of the 14th amendment states that no state shall deprive any person of life, liberty, or property without due process of law. The Supreme Court has interpreted this clause as a way to incorporate the individual rights and protections outlined in the Bill of Rights to the states, ensuring that individuals are protected from state government actions that would infringe upon their constitutional rights.

This process of selectively incorporating the Bill of Rights has occurred through a series of Supreme Court decisions over the years. These decisions have determined which specific provisions of the Bill of Rights are incorporated and applicable to the states. The process began in the 1940s and continued through the 1950s and 1960s, where the Supreme Court gradually extended the reach of the Bill of Rights to the states.

I hope this explanation helps clarify the concept of the doctrine of selective incorporation and its relationship to the nationalization of the Bill of Rights. If you have any further questions, feel free to ask!

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