Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

Liberty University

Constitutional Law

2013

Incorporation

Articles 1 - 1 of 1

Full-Text Articles in Law

The Incorporation Doctrine: The Degradation Of State Sovereignty And The Ushering Of Federal Tyranny, Roland Al Achtau Apr 2013

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 …