Question

Based on the Incorporation Doctrine, formulate a focus question that offers either a broad or specific analysis of the Incorporation Doctrine.

Once you have constructed your question, you should submit a short analysis based answer.

You will construct the question and then offer an answer. 300 words minimum please.

Answer 1

Question: Define "the doctrine of Incorporation" applicable in the constitution of the United States of America along with the help of cases. Are the amendments fully or partially applicable in the United States of America? Enumerate them.

Answer

The doctrine of incorporation is a doctrine(constitutional ) by which the first ten amendments of the United States Constitution, also known as the Bill of Rights, have been made applicable to the states. It has been made possible through the Due Process clause of the Fourteenth Amendment in the year 1868. Before the above-mentioned doctrine and the Fourteenth Amendment, the provisions of Bill of Rights was applicable only to the Federal Government and to federal court cases. On the contrary, States and state courts had the choice to adopt similar laws, but there was no legal compulsion.

However, After the Fourteenth Amendment, the Supreme Court followed a process called “selective incorporation.” As per selective incorporation, the Supreme Court would incorporate certain parts of certain amendments, rather than incorporating an entire amendment at once.

Barron v. Baltimore
Before ratification of the Fourteenth Amendment in the year 1868 and incorporation doctrine, the Supreme Court in the year 1833 held that the Bill of Rights applied only to the federal, but not any state governments. Adding further, years after the ratification of the Fourteenth Amendment, the Supreme Court in United States v. Cruikshank again held that the First and Second Amendment were not applicable to state governments.
Nevertheless, in the year 1920s, a series of decisions of the United States Supreme Court decisions interpreted the Fourteenth Amendment. And incorporated most parts of the Bill of Rights enforceable against the state governments.

Following is a list of amendments:

1. Fully Incorporated Amendments- First Amendment(freedoms of speech, religion, and assembly, and the separation of church and state),

Second Amendment(Protects the right to keep and bear arms),

Fourth Amendment( freedoms from unwarranted arrest and unreasonable searches and seizures)

2. Partially Incorporated Amendments-

Fifth Amendment(privilege against self-incrimination),

Sixth Amendment(right to a speedy, fair, and public trial),

Eight Amendment(Prohibits excessive fines and excessive bail, as well as cruel and unusual punishment)
3. Amendments not incorporated-

Third Amendment (Places restrictions on the quartering of soldiers in private homes)

Seventh Amendment (Provides for the right to trial by jury in certain civil cases, according to common law)