This essay has been submitted by a student. This is not an example of the work written by professional essay writers.
Uncategorized

Amendments of the American constitution

Pssst… we can write an original essay just for you.

Any subject. Any type of essay. We’ll even meet a 3-hour deadline.

GET YOUR PRICE

writers online

Amendments of the American constitution

Incorporation is a legal doctrine that refers to how the ten amendments of the American constitution became applicable through the substantive process and court procedures. In more finite terms it refers to the way that the Bill of Rights became indoctrinated as part of the legal frameworks that guide the legal court process. The Fourth amendment introduced a clause that allowed for due process to apply the ten amendments as a part of the legal frameworks in America. However, the application is only mandatory in federal cases with the state only having an obligation to apply them selectively based on the nature of the cases.

The amendments that have been fully incorporated include the first, second, and fourth, amendments. For the fifth and sixth amendments, they are only partially incorporated meaning that they are applied selectively in some of the states. As such, this means that their application is based on the determination of the court. Precisely, some of the states may choose not to apply them in their judicial processes with no actual legal repercussions unless the case is transferred to the federal courts that have the power to overrule the state-level courts in regards to the case. The fifth and sixth amendments both deal with judicial processes thus its has been impossible for all states to ratify their incorporation. Ever the 1920s the ratification has been so uneven because of the emergence of the selective incorporation doctrine that prevented state to adopt such laws that deny American citizens their constitutional rights enshrined in the Bill of Rights. In summation, the state lacks the power to come up with laws that contradict the provisions of the Bill of Rights thereby making the process of incorporation uneven ever since.

  Remember! This is just a sample.

Save time and get your custom paper from our expert writers

 Get started in just 3 minutes
 Sit back relax and leave the writing to us
 Sources and citations are provided
 100% Plagiarism free
error: Content is protected !!
×
Hi, my name is Jenn 👋

In case you can’t find a sample example, our professional writers are ready to help you with writing your own paper. All you need to do is fill out a short form and submit an order

Check Out the Form
Need Help?
Dont be shy to ask