Incorporation of the Bill of Rights

Incorporation of the Bill of Rights refers to the legal doctrine by which portions of the United States Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment. This process began in the early 20th century and has been applied on a case-by-case basis by the United States Supreme Court.

History

The Bill of Rights was ratified in 1791, but it originally only applied to the federal government. The Fourteenth Amendment was ratified in 1868, and its Due Process Clause has been interpreted to protect individuals from infringement of certain fundamental rights by state governments. This interpretation began in earnest with the Supreme Court case Gitlow v. New York in 1925.

Selective Incorporation

The Supreme Court has used a doctrine known as "selective incorporation" to apply the Bill of Rights to the states. This means that not all, but only some, of the rights guaranteed by the first ten amendments apply to the states. The Court has used the Due Process Clause of the Fourteenth Amendment to justify this selective incorporation.

Incorporated Rights

As of 2021, the Supreme Court has incorporated most of the rights from the first eight amendments, but not all. The rights that have been incorporated include, but are not limited to, freedom of speech, freedom of religion, the right to a fair trial, and the right to be free from cruel and unusual punishment. The rights that have not been incorporated include the right to a grand jury indictment in a criminal case, and the right to a jury trial in civil cases.

Impact

The incorporation of the Bill of Rights has had a significant impact on American law and society. It has expanded the protections of individual rights against state governments, and has played a key role in landmark Supreme Court cases involving issues such as free speech, religious freedom, and criminal justice.

See Also

• Selective incorporation
• Fourteenth Amendment to the United States Constitution
• United States Bill of Rights
• United States Supreme Court