What is the concept of incorporation in constitutional law?
In constitutional law, the concept of incorporation refers to the application of certain provisions of the United States Constitution to the states. It was developed by the Supreme Court of the United States through the Fourteenth Amendment, which reads, in part, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” This amendment was intended to protect individuals from state governments, by applying certain federal protections to the states and ensuring that states cannot pass laws which violate these protections. The amendment has been interpreted by the Supreme Court to mean that the protections afforded by the Bill of Rights also apply to the states. This is known as “selective incorporation” because only certain provisions of the Bill of Rights are incorporated. Some examples of incorporated Constitutional rights are the Fourth Amendment (protection from unreasonable searches and seizures), the Fifth Amendment (protection from double jeopardy and self-incrimination), and the Sixth Amendment (right to a speedy and public trial by an impartial jury). Incorporation establishes a level of protection for individuals which otherwise would not exist if states were allowed to pass laws in violation of the Constitution. It ensures that our individual rights are protected and respected, no matter which state one lives in.
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