Incorporation is making certain parts of the Bill of Rights also apply to the States as well as the Federal Government. It is allowable through the Supreme Court's interpretation of the Fourteenth Amendment's "due process clause." Now, all of the Bill of Rights except for the Second, Third, and parts of the Fifth have been incorporated, that is, made to apply to the States. This has been done in a case by case basis as the cases happened to arrive at the Supreme Court. @(Barron v. Baltimore) The following cases, which you can learn more about under the Court Cases Section are all Incorporation Cases: Gitlow v. New York (1925), Powell v. Alabama (1932), Mapp v. Ohio (1961), Gideon v. Wainwright (1963), and Griswold v. Connecticut (1965).
Copyright © 1997 Jonathan Chin & Alan Stern