how the ten amendments of the American constitution became applicable through the substantive process and court procedures
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 how 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 cases’ nature.
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 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, it has been impossible for all states to ratify their incorporation.
Ever since the 1920s, the ratification has been so uneven because of the emergence of the selective incorporation doctrine that prevented the state from adopting 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 Bill of Rights provisions, thereby making the process of incorporation uneven ever since.