Law Dictionary

total incorporation

noun

Legal Definition of total incorporation

  1. :  a doctrine in constitutional law: the Fourteenth Amendment's due process clause embraces all the guarantees in the Bill of Rights and applies them to cases under state law — compare selective incorporation

Additional Notes on total incorporation

The total incorporation doctrine has never been adopted by a majority of the U.S. Supreme Court. The majority opinions of the Supreme Court have instead adhered to a fundamental fairness standard or applied selective incorporation in determining whether a state has violated the Fourteenth Amendment's due process clause.


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