What does the incorporation doctrine accomplish?

What does the incorporation doctrine accomplish?

• A. It expands state sovereignty
• B. It applies most of the Bill of Rights to the states through the Fourteenth Amendment
• C. It creates new rights not in the Bill of Rights
• D. It limits federal power to regulate commerce

Answer: (B)

The incorporation doctrine is about making the Bill of Rights binding on state governments as well as the federal government by using the Fourteenth Amendment. Originally, the rights in the first eight amendments were constraints only on what the federal government could do. Through the Fourteenth Amendment’s Due Process (and Equal Protection) Clauses, the Supreme Court has interpreted many of those rights as applicable to state and local governments too. This process, known as selective incorporation, began in the early 20th century and expanded over time so that most of the protections—such as freedom of speech, religion, and several criminal-justice guarantees—apply to state action just as they apply to federal action. It doesn’t create new rights or give the federal government more power; it limits state authority by ensuring those fundamental liberties are protected nationwide. It’s true that not every provision of the Bill of Rights has been incorporated, but the overall effect is to extend the Bill of Rights to cover state governments in most situations.

The incorporation doctrine is about making the Bill of Rights binding on state governments as well as the federal government by using the Fourteenth Amendment. Originally, the rights in the first eight amendments were constraints only on what the federal government could do. Through the Fourteenth Amendment’s Due Process (and Equal Protection) Clauses, the Supreme Court has interpreted many of those rights as applicable to state and local governments too. This process, known as selective incorporation, began in the early 20th century and expanded over time so that most of the protections—such as freedom of speech, religion, and several criminal-justice guarantees—apply to state action just as they apply to federal action. It doesn’t create new rights or give the federal government more power; it limits state authority by ensuring those fundamental liberties are protected nationwide. It’s true that not every provision of the Bill of Rights has been incorporated, but the overall effect is to extend the Bill of Rights to cover state governments in most situations.