Respuesta :
The incorporation doctrine is a constitutional doctrine through which the first ten amendments of the United States Constitution (known as the Bill of Rights) are made applicable to the states through the Due Process clause of the Fourteenth Amendment. Incorporation applies both substantively and procedurally. Prior to the doctrine's (and the Fourteenth Amendment's) existence, the Bill of Rights applied only to the Federal Government and to federal court cases. States and state courts could choose to adopt similar laws, but were under no obligation to do so.
After the passage of the Fourteenth Amendment, the Supreme Court favored a process called “selective incorporation.” Under selective incorporation, the Supreme Court would incorporate certain parts of certain amendments, rather than incorporating an entire amendment at once.
Some argue that Privileges or Immunities Clause is a more appropriate textual basis than the due process clause for incorporation of the Bill of Rights but because Slaughter-House Cases dealing with this clause are surrounded by controversy this theory is not supported by the majority of the court.
After the passage of the Fourteenth Amendment, the Supreme Court favored a process called “selective incorporation.” Under selective incorporation, the Supreme Court would incorporate certain parts of certain amendments, rather than incorporating an entire amendment at once.
Some argue that Privileges or Immunities Clause is a more appropriate textual basis than the due process clause for incorporation of the Bill of Rights but because Slaughter-House Cases dealing with this clause are surrounded by controversy this theory is not supported by the majority of the court.
The Doctrine of the Incorporation serves to safeguard the individual rights of individuals, regardless of the state in which they are located. This affirms, that in any state and regardless of the individual's state of birth, he or she will be entitled to freedoms such as education, health, life, and security.
We can arrive at this answer because:
- The Doctrine of Incorporation guarantees that the first ten constitutional amendments are guaranteed to all citizens in all states of the country.
- In this case, even if an individual leaves the state of Florida, to the state of New York, he will have his individual rights guaranteed at the state level.
- This means that the state government must guarantee basic freedoms such as security, education, health, freedom of expression, religious freedom, the guarantee of social defense, among others.
A specific example of the use of this doctrine is the permission given to a newscast in one state to expose the political scandal that occurred in another state.
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