Selective incorporation is the Supreme Court’s process of applying selected protections in the Bill of Rights to the states by way of the Fourteenth Amendment’s Due Process Clause. Instead of forcing all rights on the states at once (total incorporation), the Court has gradually extended fundamental rights case-by-case—think Gitlow (free speech), Mapp (unreasonable searches), Gideon (right to counsel), Miranda (self-incrimination/procedural protections), and McDonald (gun rights). Before this, Barron v. Baltimore showed the Bill of Rights limited only the national government. Why it matters: selective incorporation limits state power over civil liberties, so people get consistent basic protections nationwide. For the AP exam, this connects directly to LO 3.7.A about how the Fourteenth Amendment restricts states, and shows up in SCOTUS comparison prompts. Review the Topic 3.7 study guide (https://library.fiveable.me/ap-us-government/unit-3/selective-incorporation-14th-amendment/study-guide/mAeEjila150UdtnF3ru6) and practice questions (https://library.fiveable.me/practice/ap-us-government) to prep.

The 14th Amendment connects to the Bill of Rights through the doctrine of selective incorporation: the Supreme Court uses the Fourteenth Amendment’s Due Process Clause to apply (incorporate) most—but not all—protections in the Bill of Rights against state governments. Before the 14th Amendment’s incorporation work (e.g., Barron v. Baltimore), the Bill of Rights limited only the federal government. Over time the Court incorporated rights case-by-case—Gitlow (speech), Mapp (unreasonable searches), Gideon (right to counsel), Miranda (self-incrimination/procedural protections), and McDonald (Second Amendment) are classic examples—while rejecting total incorporation (Slaughter-House Cases show early limits). For AP exam work, you should be ready to name cases, explain how the Due Process Clause was used, and compare holdings in SCOTUS questions (see Topic 3.7 study guide for a focused review) (https://library.fiveable.me/ap-us-government/unit-3/selective-incorporation-14th-amendment/study-guide/mAeEjila150UdtnF3ru6). For more unit review and practice, check Unit 3 (https://library.fiveable.me/ap-us-government/unit-3) and practice problems (https://library.fiveable.me/practice/ap-us-government).

Because the original Constitution set up a federal system, the Bill of Rights was written to limit the new national government—not state governments. Early courts (most famously Barron v. Baltimore, 1833) read the First Ten Amendments as restraints only on Congress and federal officials. Politically, the founders and ratifiers worried about creating a too-powerful national government, so states kept most authority; protecting individual rights from state action wasn’t the immediate focus. That changed after the Civil War: the Fourteenth Amendment (especially its Due Process Clause) gave the Supreme Court a tool to apply—or “incorporate”—selected Bill of Rights protections against the states. The Court used selective incorporation case-by-case (e.g., Gitlow, Palko, Mapp, Gideon, McDonald) rather than “total” incorporation. For AP review, study LO 3.7.A and the selective incorporation examples in the topic study guide (https://library.fiveable.me/ap-us-government/unit-3/selective-incorporation-14th-amendment/study-guide/mAeEjila150UdtnF3ru6) and practice questions (https://library.fiveable.me/practice/ap-us-government).

Total incorporation is the idea that the Fourteenth Amendment’s Due Process Clause automatically makes all the rights in the Bill of Rights apply to the states. Selective incorporation is what the Court actually used: it examines each right case-by-case and incorporates those it deems “fundamental” to liberty and justice. So total = all-or-nothing; selective = one-by-one using the Fourteenth Amendment. Key cases: Barron v. Baltimore showed the Bill of Rights originally limited only the national government; Gitlow started applying free speech to states; Palko introduced the “fundamental” test; later cases like Mapp, Gideon, Miranda, and McDonald show selective incorporation in action. For the AP exam, know the doctrine, the Fourteenth Amendment Due Process Clause, and examples (Gitlow, Palko, Gideon, McDonald). For a quick review, check the Topic 3.7 study guide (https://library.fiveable.me/ap-us-government/unit-3/selective-incorporation-14th-amendment/study-guide/mAeEjila150UdtnF3ru6), the Unit 3 overview (https://library.fiveable.me/ap-us-government/unit-3), and practice questions (https://library.fiveable.me/practice/ap-us-government).

The Due Process Clause (in the 14th Amendment) basically says states can’t take away your fundamental rights without fair legal procedures—and the Supreme Court has used it to apply parts of the Bill of Rights to the states. That process is called selective incorporation: the Court decides which rights are “fundamental” (like free speech, counsel in criminal cases, protection from unreasonable searches) and then forces states to respect them (examples: Gitlow, Gideon, Mapp, Miranda, McDonald). For AP topic 3.7, you should know selective incorporation limits state power by extending select protections through the 14th Amendment’s Due Process Clause (EK 3.7.A.1). Review the case list and implications in the Topic 3.7 study guide (https://library.fiveable.me/ap-us-government/unit-3/selective-incorporation-14th-amendment/study-guide/mAeEjila150UdtnF3ru6) and practice questions (https://library.fiveable.me/practice/ap-us-government) to prep for SCOTUS-comparison and concept-application items on the exam.

The Supreme Court makes the Bill of Rights apply to the states through the doctrine of selective incorporation: it uses the Fourteenth Amendment’s Due Process Clause to decide which federal rights are “fundamental” and therefore enforceable against states (EK 3.7.A.1). Early cases like Gitlow v. New York began the process; Palko v. Connecticut explained the “fundamental rights” test. Later rulings incorporated specific protections—Mapp (exclusionary rule), Gideon (right to counsel), Miranda (Miranda warnings), and McDonald (Second Amendment)—while Barron v. Baltimore shows the pre-14th Amendment rule that rights only limited the national government. On the AP exam you’ll often need to explain or compare SCOTUS decisions (Free-Response Q3 skill), so know facts, holdings, and reasoning for required cases (LO 3.7.A). For a focused review see the Topic 3.7 study guide (https://library.fiveable.me/ap-us-government/unit-3/selective-incorporation-14th-amendment/study-guide/mAeEjila150UdtnF3ru6). Practice more with unit resources (https://library.fiveable.me/ap-us-government/unit-3) and 1,000+ practice items (https://library.fiveable.me/practice/ap-us-government).

Selective incorporation uses the Fourteenth Amendment’s Due Process Clause to apply key Bill of Rights protections to the states. Examples you should know (and their landmark cases): freedom of speech and press (Gitlow v. New York, Near v. Minnesota), protection against unreasonable searches and seizures (Mapp v. Ohio—4th Amendment), the right to counsel in criminal cases (Gideon v. Wainwright—6th Amendment), Miranda warnings tied to self-incrimination and police procedure (Miranda v. Arizona—5th/6th), and the individual right to keep firearms (McDonald v. Chicago—2nd Amendment). Remember Barron v. Baltimore shows the pre-14th Amendment gap the doctrine fixed. These cases are commonly tested on the AP exam (know facts, holdings, reasoning). For a focused review, check the Topic 3.7 study guide (https://library.fiveable.me/ap-us-government/unit-3/selective-incorporation-14th-amendment/study-guide/mAeEjila150UdtnF3ru6) and practice questions (https://library.fiveable.me/practice/ap-us-government).

Incorporation is how the Supreme Court applies parts of the Bill of Rights to the states using the Fourteenth Amendment’s Due Process Clause. Rather than “totally” applying the whole Bill of Rights at once, the Court uses selective incorporation—choosing which rights are “fundamental” and essential to liberty. Early cases like Gitlow v. New York started this process; Palko v. Connecticut shows the “fundamental” test. Landmark incorporations include Mapp (exclusionary rule), Gideon (right to counsel), Miranda (self-incrimination/rights warning), and McDonald (Second Amendment). Barron v. Baltimore is the pre-incorporation example showing the Bill of Rights originally limited only the federal government. For the AP exam, know that selective incorporation limits state power over civil liberties, the Fourteenth Amendment is the vehicle, and be ready to cite cases and explain implications (LO 3.7.A/CED EK 3.7.A.1). For a quick topic review, see the selective incorporation study guide (https://library.fiveable.me/ap-us-government/unit-3/selective-incorporation-14th-amendment/study-guide/mAeEjila150UdtnF3ru6). Practice more with Fiveable’s unit review (https://library.fiveable.me/ap-us-government/unit-3) and 1,000+ practice problems (https://library.fiveable.me/practice/ap-us-government).

Religious freedom protects your beliefs, but not every action done for religion. The First Amendment’s Free Exercise right has been applied to states through selective incorporation via the Fourteenth Amendment’s Due Process Clause. Courts distinguish belief (fully protected) from conduct (may be regulated). Polygamy has been treated as conduct that states can ban because the government can regulate marriage to protect public order, welfare, and morals. The CED even lists “bans on polygamy” as an illustrative example of limits on religiously motivated practices under selective incorporation. For AP exam purposes, explain that selective incorporation extends some Bill of Rights protections to states but courts permit neutral, generally applicable laws that regulate risky or harmful conduct—even when tied to religion. For a quick review, see the Topic 3.7 study guide (https://library.fiveable.me/ap-us-government/unit-3/selective-incorporation-14th-amendment/study-guide/mAeEjila150UdtnF3ru6). For more practice, check Unit 3 resources (https://library.fiveable.me/ap-us-government/unit-3) and 1000+ practice questions (https://library.fiveable.me/practice/ap-us-government).

The peyote case (Employment Division v. Smith, 1990) shows that religious freedom isn’t absolute: the Supreme Court held that neutral, generally applicable laws can be enforced even if they incidentally burden religious practice. Two Native Americans who used peyote in religious ceremonies were denied unemployment benefits after being fired; the Court ruled the state could prohibit peyote use without violating the Free Exercise Clause. That decision limited the ability to claim a religious exemption from laws (drug prohibitions here) and clarified that Free Exercise protections aren’t a sure-win against all state regulations—especially neutral laws of general applicability. This fits into selective incorporation because freedom of religion is applied to states via the Fourteenth Amendment, but Smith shows incorporation doesn’t guarantee unlimited exemptions. For review, see the Topic 3.7 study guide (https://library.fiveable.me/ap-us-government/unit-3/selective-incorporation-14th-amendment/study-guide/mAeEjila150UdtnF3ru6). For more practice, check Fiveable’s AP Gov practice problems (https://library.fiveable.me/practice/ap-us-government).

Most important cases you should know for selective incorporation (what rights the 14th Amendment’s Due Process Clause made apply to states): - Barron v. Baltimore (1833)—shows Bill of Rights originally limited only the federal government. - Slaughter-House Cases (1873)—early narrow reading of the 14th Amendment (helps explain selective, not total, incorporation). - Gitlow v. New York (1925)—1st Amendment free speech protections start being applied to states. - Palko v. Connecticut (1937)—introduces “fundamental rights” test (later rejected but key historically). - Near v. Minnesota (1931)—freedom of the press incorporated. - Mapp v. Ohio (1961)—exclusionary rule (4th Amendment) incorporated. - Gideon v. Wainwright (1963)—right to counsel (6th Amendment) incorporated. - Miranda v. Arizona (1966)—self-incrimination and police warnings (5th/6th) clarified and applied to states. - Chicago, Burlington & Quincy Railroad v. Chicago (1897)—due process used to require compensation (early takings doctrine). - McDonald v. Chicago (2010)—2nd Amendment applied to states. These align with LO 3.7.A and the CED examples. For a focused review, see the Topic 3.7 study guide (https://library.fiveable.me/ap-us-government/unit-3/selective-incorporation-14th-amendment/study-guide/mAeEjila150UdtnF3ru6) and practice questions (https://library.fiveable.me/practice/ap-us-government).

Start with a clear thesis: define selective incorporation (the Court uses the Fourteenth Amendment’s Due Process Clause to apply selected Bill of Rights protections to the states) and state your line of reasoning (e.g., it’s limited state power by protecting fundamental rights). Quickly define key terms (Fourteenth Amendment Due Process Clause, selective vs. total incorporation). Use 2–3 SCOTUS examples: Gitlow (free speech applied), Palko (selectivity test), Mapp/Gideon/Miranda (criminal-procedure rights incorporated), McDonald (2nd Amendment), and contrast Barron (pre-14th, no incorporation). Explain implications: it constrains state laws, protects fundamental rights, but is case-by-case. End with a short synthesis or counterclaim (total incorporation argument) and rebut it. On the AP exam, put your thesis up front, use specific cases as evidence, apply reasoning, and—if asked—compare/contrast holdings (this fits FRQ SCOTUS or Concept prompts). Review the Topic 3.7 study guide for examples and practice (https://library.fiveable.me/ap-us-government/unit-3/selective-incorporation-14th-amendment/study-guide/mAeEjila150UdtnF3ru6) and try practice problems (https://library.fiveable.me/practice/ap-us-government).

If selective incorporation didn’t exist, states wouldn’t be required to follow most protections in the Bill of Rights. The Fourteenth Amendment’s Due Process Clause is the vehicle the Court used to apply those rights to states—cases like Gitlow, Mapp, Gideon, Miranda, and McDonald show that. Without selective incorporation, you’d see huge patchwork differences: some states could deny a lawyer (no Gideon), allow evidence obtained without warrants (no Mapp), or limit free speech or gun rights differently. That would mean civil liberties depend mostly on state courts and legislatures, not a consistent federal standard, and minority rights would be more vulnerable. For AP exam prep, understand the doctrine’s implication that the Fourteenth Amendment restricts state regulation of fundamental rights (EK 3.7.A.1)—that’s a common FRQ/MCQ topic. For a focused study guide, check the Topic 3.7 selective incorporation guide (https://library.fiveable.me/ap-us-government/unit-3/selective-incorporation-14th-amendment/study-guide/mAeEjila150UdtnF3ru6) and practice questions (https://library.fiveable.me/practice/ap-us-government).

Because the Supreme Court uses the Fourteenth Amendment’s Due Process Clause to extend only “fundamental” Bill of Rights protections to the states, not every right automatically applies. Early on the Court said the Bill of Rights restricted only the national government (Barron v. Baltimore). Starting with Gitlow and Palko, the Court adopted selective incorporation—it looks at each right and asks whether it’s fundamental to ordered liberty. If the Court finds a right fundamental, it’s incorporated (examples: free speech, counsel in criminal cases, protection from unreasonable searches). If the Court hasn’t found a particular protection fundamental—or hasn’t decided a relevant case—that right doesn’t bind the states. Total incorporation was rejected, so incorporation proceeds case-by-case. For the AP exam, this is LO 3.7.A (selective incorporation via the 14th Amendment). For a focused review and practice, see the Topic 3.7 study guide (https://library.fiveable.me/ap-us-government/unit-3/selective-incorporation-14th-amendment/study-guide/mAeEjila150UdtnF3ru6) and practice questions (https://library.fiveable.me/practice/ap-us-government).

Selective incorporation changed federalism by shifting power from states toward the national government on civil liberties. Using the Fourteenth Amendment’s Due Process Clause, the Supreme Court gradually applied specific Bill of Rights protections to the states (not all at once)—a “selective,” case-by-case process (LO 3.7.A; EK 3.7.A.1). Landmark cases like Gitlow, Palko, Mapp, Gideon, Miranda, and McDonald show how rights (speech, criminal-procedure, gun rights, etc.) became enforceable against state laws. That nationalization limited states’ ability to regulate fundamental rights (e.g., bans on polygamy or peyote raise complex free-exercise questions). The result: federalism moved from a strict dual system toward a stronger national role protecting individual rights, while still leaving some state discretion because incorporation is selective, not total. For the AP exam, know LO 3.7.A and the key cases (see the Topic 3.7 study guide: https://library.fiveable.me/ap-us-government/unit-3/selective-incorporation-14th-amendment/study-guide/mAeEjila150UdtnF3ru6). For more unit review and practice, check Unit 3 (https://library.fiveable.me/ap-us-government/unit-3) and practice questions (https://library.fiveable.me/practice/ap-us-government).