Which process ensures that most protections in the Bill of Rights apply to the states?

Which process ensures that most protections in the Bill of Rights apply to the states?

• A. Judicial activism in federal courts only.
• B. Selective incorporation through the Fourteenth Amendment.
• C. Executive orders by the President.
• D. The creation of new amendments via Congress.

Answer: (B)

Protections in the Bill of Rights were originally aimed at limiting the federal government. To make those protections apply to state governments as well, the Supreme Court uses selective incorporation through the Fourteenth Amendment. The Fourteenth Amendment’s Due Process Clause is read to require states to respect many of the rights in the Bill of Rights, but this happens one right at a time through court decisions. Over time, this approach has brought most of those protections to apply against state action, so individuals enjoy those same guarantees nationwide. It’s not about executive orders or creating new amendments; it’s a judicial process that gradually binds the states to the federal protections via the Fourteenth Amendment.

Protections in the Bill of Rights were originally aimed at limiting the federal government. To make those protections apply to state governments as well, the Supreme Court uses selective incorporation through the Fourteenth Amendment. The Fourteenth Amendment’s Due Process Clause is read to require states to respect many of the rights in the Bill of Rights, but this happens one right at a time through court decisions. Over time, this approach has brought most of those protections to apply against state action, so individuals enjoy those same guarantees nationwide. It’s not about executive orders or creating new amendments; it’s a judicial process that gradually binds the states to the federal protections via the Fourteenth Amendment.