What is the concept of incorporation in constitutional law?
In constitutional law, the concept of incorporation is the idea that certain parts of the United States Constitution, called the Bill of Rights, are applicable to the states. The Bill of Rights includes the first ten Amendments to the U.S. Constitution and protects certain individual rights, such as freedom of speech and the right to bear arms. The Supreme Court of the United States has held that most of these rights limit the power of state and local governments as well as the federal government. The Supreme Court case that established the principles of incorporation was called Gitlow v. New York. This case held that the First Amendment’s guarantee of freedom of speech was applicable to the states through the Due Process Clause of the Fourteenth Amendment. Since then, the Supreme Court has ruled that most of the other rights in the Bill of Rights should be incorporated and applied to the states. In Virginia, these rights are applicable, but the state may still be able to restrict some of these rights. For example, while Virginia’s Constitution guarantees the right to free speech, it states that it shall not be used to cause a breach of the peace or to incite violence.
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