Which amendment is primarily associated with the incorporation of the Bill of Rights to apply to the states?

Which amendment is primarily associated with the incorporation of the Bill of Rights to apply to the states?

• A. First Amendment
• B. Fourth Amendment
• C. Fourteenth Amendment
• D. Sixth Amendment

Answer: (C)

Incorporation through the Fourteenth Amendment’s due process clause is the mechanism that lets the Bill of Rights bind state governments. Originally, the Bill of Rights restricted only the federal government. But the Fourteenth Amendment, ratified after the Civil War, requires states to respect due process and equal protection. The Supreme Court used this clause to extend most of the rights in the Bill of Rights to the states, starting with early cases like Gitlow v. New York and continuing through many later decisions. So, the amendment most associated with making the Bill of Rights apply to the states is the Fourteenth Amendment. The other amendments are parts of the Bill of Rights, but they become enforceable against states through this Fourteenth Amendment framework.

Incorporation through the Fourteenth Amendment’s due process clause is the mechanism that lets the Bill of Rights bind state governments. Originally, the Bill of Rights restricted only the federal government. But the Fourteenth Amendment, ratified after the Civil War, requires states to respect due process and equal protection. The Supreme Court used this clause to extend most of the rights in the Bill of Rights to the states, starting with early cases like Gitlow v. New York and continuing through many later decisions. So, the amendment most associated with making the Bill of Rights apply to the states is the Fourteenth Amendment. The other amendments are parts of the Bill of Rights, but they become enforceable against states through this Fourteenth Amendment framework.