Which concept explains how constitutional rights apply to state governments through the Fourteenth Amendment?

Which concept explains how constitutional rights apply to state governments through the Fourteenth Amendment?

• A. Amendment supremacy
• B. Incorporation
• C. Federalism
• D. Judicial review

Answer: (B)

Incorporation explains how constitutional rights apply to state governments through the Fourteenth Amendment. The Fourteenth Amendment’s Due Process Clause has been interpreted by the Supreme Court to require states to honor most of the protections in the Bill of Rights, not just the federal government. This gradual process, called incorporation, means rights like free speech, counsel in criminal cases, and protection against unreasonable searches extend to actions by state and local governments as well. The other concepts describe different ideas: amendment supremacy is about federal law being the highest law, federalism is the division of power between national and state governments, and judicial review is the courts’ power to interpret laws and constitutional provisions. None of these explain how rights are extended to the states through the Fourteenth Amendment the way incorporation does.

Incorporation explains how constitutional rights apply to state governments through the Fourteenth Amendment. The Fourteenth Amendment’s Due Process Clause has been interpreted by the Supreme Court to require states to honor most of the protections in the Bill of Rights, not just the federal government. This gradual process, called incorporation, means rights like free speech, counsel in criminal cases, and protection against unreasonable searches extend to actions by state and local governments as well. The other concepts describe different ideas: amendment supremacy is about federal law being the highest law, federalism is the division of power between national and state governments, and judicial review is the courts’ power to interpret laws and constitutional provisions. None of these explain how rights are extended to the states through the Fourteenth Amendment the way incorporation does.