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Incorporation Doctrine

Definition

The incorporation doctrine is a constitutional principle that applies the Bill of Rights to state governments, not just the federal government. This was achieved through the 14th Amendment's Due Process Clause.

Analogy

Think of the incorporation doctrine like a parent (the federal government) setting rules for their child (the states). Even though the child might have its own set of rules, it still has to follow the parent's rules because they're overarching and apply to everyone in the household.

Related terms

Selective Incorporation: This is a constitutional doctrine that ensures states cannot enact laws that infringe or take away from rights outlined in the Bill of Rights.

Due Process Clause: A clause in the 14th Amendment stating no state can "deprive any person of life, liberty, or property, without due process of law."

Fourteenth Amendment: An amendment to the U.S. Constitution granting citizenship and equal civil and legal rights to African Americans and slaves who had been emancipated after the American Civil War.