Incorporation

Question 1

Incorporation Doctrine

Answer 1

• The Bill of Rights (the first 10 Amendments of the U.S. Constitution) was initially applicable only to the federal government. However, under the incorporation doctrine, most of the Amendments are now also applicable to the States. The only amendments that have not been incorporated are the 3rd Amendment (freedom from quartering soldiers), 5th Amendment (right to indictment by a grand jury), 7th Amendment (right to a jury trial in civil cases), and 8th Amendment (protection against excessive fines).

The 14th Amendment (equal protection) is incorporated into the Fifth Amendment, making it applicable to the federal government.