What is selective incorporation?

• A. The process by which the federal government expands amendments to the Constitution.
• B. The Supreme Court's power to interpret the Constitution only in federal cases.
• C. The Supreme Court's gradual application of the Bill of Rights to state governments through the Fourteenth Amendment.
• D. The President's power to enforce civil liberties through executive orders.

Answer: (C)

Selective incorporation is how the Supreme Court has gradually made most protections in the Bill of Rights apply to state governments, using the Fourteenth Amendment’s Due Process Clause. At first, the Bill of Rights restricted only the federal government, so state governments could infringe many of those rights. Through a series of cases starting in the early 20th century, the Court has applied these protections to the states one by one, ensuring that fundamental liberties are protected nationwide. This is a case-by-case process, so some rights are fully incorporated while others remain limited or not incorporated at all. In short, selective incorporation uses the Fourteenth Amendment to extend most Bill of Rights protections to state governments, but not uniformly all at once.