What is the concept of incorporation in constitutional law?
In constitutional law, incorporation is the concept of applying certain provisions of the United States Constitution to state and local laws. This means that the law of the United States must be applied to state and local governments, even in the absence of explicit language in the text of the Constitution. This principle was established by the U.S. Supreme Court in the landmark case of Gitlow v. New York. The incorporation doctrine is rooted in the 14th Amendment of the Constitution, which states that no state shall "deprive any person of life, liberty, or property, without due process of law". This means that the individual rights of each citizen must be respected and protected by the government, even at the state and local level. This means that state and local laws must comply with certain provisions of the Bill of Rights, such as freedom of speech and religion, the right to bear arms, the right to a fair trial, and the right to voting. In addition, the incorporation doctrine means that the Supreme Court can review and adjust existing state laws through an affirmative review process, to ensure that they are consistent with the Constitution and the Bill of Rights. This process is known as "selective incorporation," and it has allowed the Supreme Court to more effectively protect the rights of all citizens.
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