Total Incorporation

Definition

Total incorporation is a legal doctrine that holds that the Fourteenth Amendment's Due Process Clause incorporates nearly all of the Bill of Rights, applying these rights to the states. This concept extends the protections against federal infringement of rights to also include protections against state actions, thereby ensuring a more uniform application of civil liberties across the United States.

5 Must Know Facts For Your Next Test

1. Total incorporation suggests that all provisions of the Bill of Rights are applicable to state governments through the Fourteenth Amendment's Due Process Clause.
2. The doctrine is often debated, with some arguing for total incorporation while others support selective incorporation, which applies rights on a case-by-case basis.
3. The U.S. Supreme Court has historically adopted selective incorporation in its rulings, leading to varying degrees of rights protection across states.
4. Key cases, such as Gitlow v. New York (1925) and Mapp v. Ohio (1961), showcase how certain rights have been incorporated against state actions under the total incorporation theory.
5. Total incorporation would lead to a significant expansion of federal oversight over state laws and actions, ensuring uniform protection of individual rights.

Review Questions

• How does total incorporation differ from selective incorporation in terms of legal application?
  • Total incorporation posits that all provisions of the Bill of Rights automatically apply to the states through the Fourteenth Amendment, while selective incorporation applies specific rights on a case-by-case basis as determined by court rulings. This distinction affects how comprehensively civil liberties are enforced at the state level, with selective incorporation allowing for a more gradual and sometimes inconsistent application of rights. The Supreme Court's decisions demonstrate this approach, often leading to a patchwork of protections across different states.
• Discuss the implications of total incorporation for state sovereignty and individual rights.
  • Total incorporation would significantly diminish state sovereignty by subjecting state laws and actions to the full array of protections found in the Bill of Rights. This means states would have less latitude in enacting laws that could potentially infringe on individual rights, as they would be held to federal standards of constitutional protections. The ramifications of this shift could lead to a more uniform legal landscape regarding civil liberties but might also provoke pushback from states that value their legislative independence.
• Evaluate how the ongoing debate over total incorporation versus selective incorporation reflects broader societal values about individual rights and government power.
  • The debate over total versus selective incorporation encapsulates larger societal discussions regarding the balance between protecting individual rights and maintaining appropriate limits on government power. Proponents of total incorporation advocate for robust safeguards against state infringements, reflecting a belief in universal civil liberties. Conversely, supporters of selective incorporation argue for a more nuanced approach that respects state governance and local autonomy, indicating a complex relationship between federal oversight and local control. This tension mirrors ongoing conversations about democracy, federalism, and civil rights in contemporary society.

Related terms

Selective Incorporation: A legal doctrine that incorporates certain rights from the Bill of Rights through the Fourteenth Amendment on a case-by-case basis, rather than all at once.

Bill of Rights:

The first ten amendments to the U.S. Constitution that outline fundamental rights and liberties guaranteed to all citizens.

Fourteenth Amendment:

An amendment to the U.S. Constitution ratified in 1868, which addresses citizenship rights and equal protection under the law.