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Encyclopedia > Incorporation doctrine

The Bill of Rights to the United States Constitution is applied to state governments by the judicially created Incorporation Doctrine.


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Incorporation (Bill of Rights) - Wikipedia, the free encyclopedia (635 words)
Incorporation of the Bill of Rights is the legal doctrine by which the U.S. Bill of Rights, either in full or in part, is applied to the states through the Due Process Clause of the Fourteenth Amendment.
As the incorporation drive picked up speed in the 1940s and '50s, disagreements over the method that ought to be taken in making Bill of Rights guarantees enforceable to the States emerged.
Justice Felix Frankfurter, however, felt that the incorporation process ought to be incremental, and that the federal courts should only apply those sections of the Bill of Rights whose abridgement would "shock the conscience," as he put it in Rochin v.
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