What is the incorporation doctrine?

The incorporation doctrine is fundamentally the legal principle that the protections guaranteed in the Bill of Rights are applicable to state governments through the Due Process Clause of the Fourteenth Amendment. This means that individual rights such as freedom of speech, religion, and due process, which were originally intended to limit only the federal government, are also enforced at the state level.

Historically, this doctrine emerged from various Supreme Court decisions that expanded the interpretation of the Fourteenth Amendment. The idea is that certain rights are so fundamental to the notion of liberty that they must be upheld by both the federal and state governments. This has allowed for a more uniform application of civil rights across the United States, ensuring that individuals are protected from state infringement in matters that relate to the freedoms outlined in the Bill of Rights.

Incorporation has occurred through a series of court rulings, commonly referred to as "selective incorporation," where the Supreme Court has gradually recognized and applied specific rights from the Bill of Rights to the states. This significant development has had a profound impact on American civil liberties, as it reinforces the notion that these fundamental rights are not just privileges granted by state law but are core tenets of individual freedom that must be protected universally.