ABSTRACT

Selective incorporation refers to the application of most core protections in the Bill of Rights to state governments through the Due Process Clause of the Fourteenth Amendment to the US Constitution. Selective incorporation has had a significant impact by placing limits on state and local government officials that the framers of the Constitution had not deemed necessary. The process of selective incorporation is often referred to as the "nationalization of the Bill of Rights." This has occurred primarily through the US Supreme Court's review of cases involving Bill of Rights protections as the justices attempt to provide guidelines on how the provisions should be applied by local, state, and national authorities. The Court believes that the Due Process Clauses in the Fifth and Fourteenth Amendments may place additional limits on the national and state governments beyond those specified in the Bill of Rights.