What process applies rights in the Bill of Rights to state and local governments through the Fourteenth Amendment?

• A. Selective Incorporation
• B. Civil Liberties
• C. Writ of Habeas Corpus
• D. Ex Post Facto Laws

Answer: (A)

Selective incorporation is the process by which the protections in the Bill of Rights are applied to state and local governments through the Fourteenth Amendment's due process clause. The Supreme Court uses this clause to evaluate each right on a case-by-case basis and determine whether it is fundamental to liberty and thus binding on the states. As a result, most major rights—such as freedom of speech, freedom of religion, protection against unreasonable searches and seizures, and the right to counsel—apply to state and local actions as well as federal actions. The key idea is that the Fourteenth Amendment doesn’t automatically copy every right to the states; it extends them through judicial decisions when a right is essential to liberty and ordered liberty. Some rights have not been incorporated, or have been limited in scope, which is why the process isn’t blanket inclusion for every Bill of Rights provision. Civil liberties are the rights themselves, while selective incorporation is the mechanism that enforces those rights against state governments. The other options refer to separate legal concepts that do not describe how the Bill of Rights reaches state and local governments.