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LSDefine

Simple English definitions for legal terms

incorporation (of the Bill of Rights)

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A quick definition of incorporation (of the Bill of Rights):

Incorporation (of the Bill of Rights): This means that some of the rules in the Bill of Rights (which are the first ten amendments to the U.S. Constitution) also apply to the states. Before, they only applied to the federal government. This happened because of a legal rule called the Due Process Clause of the Fourteenth Amendment.

A more thorough explanation:

Incorporation (of the Bill of Rights) is a legal doctrine that applies portions of the Bill of Rights to the states through the Due Process Clause of the Fourteenth Amendment. Originally, the Bill of Rights only applied to the federal government.

For example, the First Amendment protects the freedom of speech, religion, and the press. Through incorporation, this protection also applies to state governments. So, if a state government tries to limit someone's freedom of speech or religion, that person can use the First Amendment to challenge the state's actions.

Another example is the Fourth Amendment's protection against unreasonable searches and seizures. Through incorporation, this protection also applies to state governments. So, if a state police officer conducts an unreasonable search of someone's home, that person can use the Fourth Amendment to challenge the officer's actions.

Incorporation is important because it ensures that people's rights are protected not just from the federal government, but also from state governments. The examples show how incorporation works in practice. By applying portions of the Bill of Rights to the states, people have a way to challenge state actions that violate their rights. This helps to ensure that everyone's rights are protected, no matter where they live.

incorporation | incorporation doctrine

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