I am having a difficult time understanding the incorporation doctrine, and how it applies to the 14th Amendment. Please explain.
The doctrine of incorporation uses the 14th Amendment to apply the Bill of Rights to the states.
When the Bill of Rights was originally written and ratified, it applied only to the federal government and not to the state governments. This is why the amendments say things like “Congress shall make no law…” The states were free to violate rights like free speech if they wanted to. There was little concern about this at...
(The entire section contains 231 words.)
check Approved by eNotes Editorial