The foundation of the incorporation doctrine is the Fourteenth Amendment. The US Supreme Court has used the Due Process Clause and Equal Protection Clause to apply individual clauses of the Bill of Rights to the States.
In 1979, the Supreme Court adopted the Equal Protection Clause of the Fourteenth Amendment of the Constitution. This clause made the amendment more gender-neutral. The Supreme Court pushed for gender-appropriate language to be adopted
To expand the rights of minorities and women but also to limit programs that did not provide equal protection for the majority
the equal protection clause
The Fourteenth Amendment Due Process and Equal Protection Clauses have both been used, but the Due Process Clause is the one most often associated with incorporation.Please note: Under the doctrine of selective incorporation, only the First, Second, Fourth and Sixth Amendments have been fully incorporated; the Fifth Amendment is mostly incorporated; The Third and Eighth Amendments are partially incorporated; the Seventh Amendment is unincorporated. The Ninth and Tenth Amendments, while considered part of the Bill of Rights, are not amenable to the process.For more information, see Related Questions, below.
The Dred Scott decision stated that people of African decent imported to America were not citizens and not protected by the Constitution. The fourteenth and fifteenth amendments nullified that decision.
The foundation of the incorporation doctrine is the Fourteenth Amendment. The US Supreme Court has used the Due Process Clause and Equal Protection Clause to apply individual clauses of the Bill of Rights to the States.
The Supreme Court case Korematsu v. United States violated the Fourteenth Amendment's Equal Protection Clause by allowing the internment of Japanese Americans based on their ethnicity. It also violated the Fifth Amendment's Due Process Clause by depriving individuals of their freedom without sufficient justification.
None of the Amendments to the US Constitution refer to incorporation directly; however, the US Supreme Court has interpreted the Fourteenth Amendment Due Process and Equal Protection Clauses to apply the Bill of Rights to the States (incorporation). For more information, see Related Questions, below.
The Supreme Court used the Due Process Clause
Brown v. Board of Education, 347 US 483 (1954)Yes. The Supreme Court decision was based on the Equal Protection Clause of the Fourteenth Amendment. The Court indicated that the decision could also be supported by the Fourteenth Amendment Due Process Clause, but declined to elaborate because the Equal Protection Clause was sufficient to render segregation in the public schools unconstitutional.
In 1979, the Supreme Court adopted the Equal Protection Clause of the Fourteenth Amendment of the Constitution. This clause made the amendment more gender-neutral. The Supreme Court pushed for gender-appropriate language to be adopted
To expand the rights of minorities and women but also to limit programs that did not provide equal protection for the majority
The Ku Klux Klan
Yes, but only for those portions of the Bill of Rights which have been incorporated to the states via the Fourteenth Amendment Due Process and Equal Protection Clauses. The US Supreme Court uses a process called "selective incorporation" that applies the first eight amendments of the Bill of Rights to the states on a clause-by-clause basis as need arises, but not all amendments or clauses within amendments have been applied.For more information, see Related Questions, below.
The US Supreme Court has applied most of the first eight amendments in the Bill of Rights to the States through the doctrine of "selective incorporation" primarily via the Fourteenth Amendment Due Process Clause.
The Equal Protection clause of the 14th Amendment.