The incorporation doctrine requires state governments to grant their citizens the same rights as the federal government under the Bill of Rights. It was created in 1890 and gradually incorporated parts of the Bill of Rights into the Fourteenth Amendment’s guarantee of due process. States must provide First, Second, Third, Fourth, Fifth, Sixth, and Eighth Amendment protections to their citizens.
The doctrine of incorporation is a legal doctrine developed by the Supreme Court of the United States. It is a legal theory based on the due process clause of the Fourteenth Amendment to the United States Constitution. This doctrine is sometimes used in cases involving the Bill of Rights, which are the first ten amendments to the Constitution. When applied, the incorporation doctrine is used as a basis for requiring state governments to grant their citizens the same rights that the federal government owes under the Bill of Rights.
Until the incorporation doctrine was created, the Bill of Rights applied only to the federal government. Although the Bill of Rights was ratified in 1791 and the Fourteenth Amendment in 1868, this doctrine was not created until 1890. At that time, a number of lawsuits were appealed to the Supreme Court which caused the Court to begin interpreting broader the due process clause of the Fourteenth Amendment.
Under this rule, parts of the Bill of Rights were enforced against state governments for the first time. Over time, certain sections of the Bill of Rights were gradually identified and incorporated as falling within the Fourteenth Amendment’s guarantee of due process of law to all U.S. citizens. The doctrine allowed the Supreme Court to say that the specific part of the Bill of Rights in the case it was deciding also applied to states, because the Fourteenth Amendment applied to states.
Among the rights that states have been required to grant their citizens under this rule are First Amendment guarantees of freedom of religion, speech, the press, and assembly. States must also grant the Second Amendment right to keep and bear arms and the Third Amendment guarantee of freedom from housing to soldiers. Additionally, the Fourth Amendment’s protection from unreasonable searches and seizures and the requirement for warrants were found to apply to states.
States are also required to provide citizens with protection from self-incrimination and double jeopardy under the Fifth Amendment. Sixth Amendment grants of the right to a lawyer and a speedy public trial by an impartial jury are also required of the states. The Eighth Amendment’s protection from cruel and unusual punishment is also afforded by states.
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