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Incorporation of the Bill of Rights

In United States constitutional law, incorporation is the doctrine by which portions of the Bill of Rights have been made applicable to the states. When the Bill of Rights was ratified, the courts held that its protections extended only to the actions of the federal government and that the Bill of Rights did not place limitations on the authority of the state and local governments. However, the post–Civil War era, beginning in 1865 with the Thirteenth Amendment, which declared the abolition of slavery, gave rise to the incorporation of other amendments, applying more rights to the states and people over time. Gradually, various portions of the Bill of Rights have been held to be applicable to state and local governments by incorporation via the Due Process Clause of the Fourteenth Amendment of 1868.

Prior to the ratification of the Fourteenth Amendment and the development of the incorporation doctrine, the Supreme Court in 1833 held in Barron v. Baltimore that the Bill of Rights applied only to the federal, but not any state, governments. Even years after the ratification of the Fourteenth Amendment, the Supreme Court in United States v. Cruikshank (1876) still held that the First and Second Amendment did not apply to state governments. However, beginning in the 1920s, a series of Supreme Court decisions interpreted the Fourteenth Amendment to "incorporate" most portions of the Bill of Rights, making these portions, for the first time, enforceable against the state governments.

This provision has been incorporated against the states. See , 330 U.S. 1 (1947).[26]

Everson v. Board of Education

Gary Bugh (2023). Incorporation of the Bill of Rights: An Accounting of the Supreme Court’s Extension of Federal Civil Liberties to the States. New York: Peter Lang.

J. Lieberman (1999). A Practical Companion to the Constitution. Berkeley: University of California Press.

Regina McClendon, Public Law Research Institute (1994) (stating that "[t]he almost total incorporation of the Bill of Rights lends support to the theory that incorporation of the Second Amendment is inevitable").. W3.uchastings.edu. Archived from the original on October 13, 2007. Retrieved September 6, 2008.

"Limits On The Power Of States To Regulate Firearms"

American Jurisprudence, 2d ed., "Constitutional Law" § 405.

Ernest H. Schopler, Comment Note—What Provisions of the Federal Constitution's Bill of Rights Are Applicable to the States, 23 L. Ed. 2d 985 (Lexis).