Selective incorporation

Definition

Selective incorporation is the legal doctrine by which the Supreme Court has applied most of the Bill of Rights to state and local governments through the Due Process Clause of the 14th Amendment. Before this process, the Bill of Rights only restricted the federal government.

Examples

  • Gitlow v. New York (1925) incorporated the 1st Amendment's free speech protection to the states
  • Mapp v. Ohio (1961) applied the 4th Amendment's protection against unreasonable searches to state governments
  • McDonald v. Chicago (2010) incorporated the 2nd Amendment right to bear arms to the states
Key Fact

The 14th Amendment (1868) and its Due Process Clause are the constitutional basis for selective incorporation.

Related Terms

Bill of rights Due process Amendments Landmark supreme court cases

Study This Concept

Practice selective incorporation with free review games in these units:

AP U.S. Government and Politics Unit 3: Civil Liberties and Civil Rights