What is the process of applying the Bill of Rights to the states through Supreme Court decisions called?

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The process of applying the Bill of Rights to the states through Supreme Court decisions is known as incorporation. This concept primarily stems from the Fourteenth Amendment, which guarantees that no state shall deprive any person of life, liberty, or property without due process of law. Over time, the Supreme Court has interpreted this amendment to extend many of the protections provided in the Bill of Rights to apply at the state level, ensuring that individual rights are upheld regardless of whether the government acting is federal or state.

As a result, incorporation means that specific rights, such as freedom of speech or the right to bear arms, initially intended to limit only the federal government, now also restrict state actions. This legal doctrine has significantly strengthened the protection of civil liberties across the United States.

The other terms listed do not relate to this process. Double jeopardy refers to being tried twice for the same offense, prior restraint involves restricting speech before it occurs, and probable cause is a legal standard for law enforcement to obtain a search warrant or make an arrest. None of these pertain to the incorporation of the Bill of Rights.

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