What does incorporation mean in constitutional law?

• A. The application of protections from the Bill of Rights to state governments through the Fourteenth Amendment
• B. The division of powers among the branches
• C. The amendment process
• D. The creation of a bicameral legislature

Answer: (A)

Incorporation means extending the protections in the Bill of Rights to limit state governments, using the Fourteenth Amendment’s Due Process Clause. Originally, the Bill of Rights restricted only the federal government; incorporation has the Supreme Court apply those same rights to state laws and state actions, so people retain fundamental freedoms wherever they are. An example is how protections like freedom of speech or protection against unreasonable searches have been made applicable to the states through court decisions. The other ideas describe different constitutional concepts: separating powers among branches, the process to amend the Constitution, and creating a two-house legislature. Incorporation is specifically about binding the states to those federal rights via the Fourteenth Amendment.