For more information on the incorporation doctrine, please see this Wex Article on the Incorporation Doctrine. If a Bill of Rights guarantee is "incorporated" in the "due process" requirement of the Fourteenth Amendment, state and federal obligations are exactly the same. Later, in the middle of the Twentieth Century, a series of Supreme Court decisions found that the Due Process Clause "incorporated" most of the important elements of the Bill of Rights and made them applicable to the states. The Court saw these protections as a function of the Due Process Clause of the Fourteenth Amendment only, not because the Fourteenth Amendment made the Bill of Rights apply against the states. City of Chicago (1897) when the court incorporated the Fifth Amendment's Takings Clause into the Fourteenth Amendment. Initially, the Supreme Court only piecemeal added Bill of Rights protections against the States, such as in Chicago, Burlington & Quincy Railroad Company v. However, this changed after the enactment of the Fourteenth Amendment and a string of Supreme Court cases that began applying the same limitations on the states as the Bill of Rights. Originally these promises had no application at all against the states the Bill of Rights was interpreted to only apply against the federal government, given the debates surrounding its enactment and the language used elsewhere in the Constitution to limit State power. The Fifth Amendment's reference to “due process” is only one of many promises of protection the Bill of Rights gives citizens against the federal government. We should briefly note, however, three other uses that these words have had in American constitutional law. Most of this article concerns that promise. These words have as their central promise an assurance that all levels of American government must operate within the law ("legality") and provide fair procedures. The Fifth Amendment says to the federal government that no one shall be "deprived of life, liberty or property without due process of law." The Fourteenth Amendment, ratified in 1868, uses the same eleven words, called the Due Process Clause, to describe a legal obligation of all states. The Constitution states only one command twice.
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