incorporation

incorporation, n.

1. The formation of a legal corporation. See ARTICLES OF INCORPORATION . [Cases: Corporations

1. C.J.S. Corporations §§ 2, 4.]

2. Constitutional law. The process of applying the provisions of the Bill of Rights to the states by interpreting the 14th Amendment’s Due Process Clause as encompassing those provisions. • In a variety of opinions since 1897, the Supreme Court has incorporated the First, Fourth, Sixth, and Ninth Amendments into the Fourteenth Amendment’s Due Process Clause. [Cases: Constitutional Law 254.

2. C.J.S. Constitutional Law § 951.]

selective incorporation. Incorporation of certain provisions of the Bill of Rights. • Justice Benjamin Cardozo, who served from 1932 to 1938, first advocated this approach. [Cases: Constitutional Law 254.

2. C.J.S. Constitutional Law § 951.]

total incorporation. Incorporation of all of the Bill of Rights. • Justice Hugo Black, who served on the U.S. Supreme Court from 1937 to 1971, first advocated this approach. [Cases: Constitutional Law 254.

2. C.J.S. Constitutional Law § 951.]

3. INCORPORATION BY REFERENCE. — incorporate, vb.


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