Government and politics concepts · AP U.S. Government and Politics, AP U.S. History

Selective incorporation

Selective incorporation: The process by which the Supreme Court has applied most Bill of Rights protections to the states through the Fourteenth Amendment's due process clause.

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What it means

The Bill of Rights originally limited only the national government. Through a series of cases in the twentieth century, the Court held that specific rights are so fundamental that the Fourteenth Amendment protects them against state action as well.

Incorporation happened right by right, across many cases, which is why it is called selective.

Example

In McDonald v. Chicago (2010), the Court incorporated the Second Amendment right to keep and bear arms, applying it to state and local governments.

On the exam

Selective incorporation is a core Unit 3 concept; McDonald v. Chicago and Gideon v. Wainwright are related required cases.

Lessons and practice questions

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