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The Incorporation Doctrine: The Degradation Of State Sovereignty And The Ushering Of Federal Tyranny, Roland Al Achtau
The Incorporation Doctrine: The Degradation Of State Sovereignty And The Ushering Of Federal Tyranny, Roland Al Achtau
Senior Honors Theses
Abstract
My senior thesis paper will discuss the incorporation doctrine of the Bill of Rights to state governments. The incorporation doctrine has been subject to extensive debate as to the proper relationship between state and federal sovereignty. Proponents of incorporation believe that the incorporation of the Bill of Rights limits state governments from using pre-Civil War practices (such as discrimination and inhumane treatment of persons) and thus would ensure greater liberty to individuals. However, opponents believe that such a transfer of power to the federal government can lead to the demise of state sovereignty and usurpation of national power. In …