What is the 'total incorporation' view regarding the Bill of Rights?

The 'total incorporation' view posits that all provisions of the Bill of Rights are applicable to the states through the Fourteenth Amendment's Due Process Clause. This perspective is grounded in the belief that the protections afforded by the Bill of Rights are fundamental to the concept of liberty and should therefore extend to state governments just as they apply to the federal government. Proponents argue that this comprehensive application is necessary to ensure consistent protection of individual rights across the country.

In contrast, the other views suggest limited applicability. For instance, some interpretations of incorporation focus only on specific amendments, rather than applying all aspects universally. Others may advocate for excluding certain provisions, emphasizing that not all rights are deemed fundamental. Meanwhile, the notion that incorporation only restricts federal actions ignores the significant impact of the Fourteenth Amendment in extending rights to state and local actions. Thus, the total incorporation view represents a broader and more inclusive understanding of how the Bill of Rights functions within the American legal system.