What is selective incorporation?

Selective incorporation is a legal doctrine in the United States that applies certain provisions of the Bill of Rights to the states through the due process clause of the Fourteenth Amendment. This doctrine allows for individual rights protected by the Bill of Rights to be enforced against state governments.

Selective incorporation and the Fourteenth Amendment

The Fourteenth Amendment, adopted in 1868, contains the due process clause which prohibits states from depriving any person of life, liberty, or property without due process of law. Through selective incorporation, the Supreme Court has applied specific provisions of the Bill of Rights, such as freedom of speech, religion, and the right to a fair trial, to the states.

Impact on individual rights

Selective incorporation has had a significant impact on individual rights in the United States. It has ensured that fundamental liberties protected by the Bill of Rights apply not only to actions of the federal government but also to state and local governments. This doctrine has expanded constitutional protections for individuals and has played a crucial role in safeguarding civil liberties.