The legal principle that applies portions of the Bill of Rights to the states is a crucial aspect of constitutional law. This principle holds that certain protections guaranteed to individuals against the federal government are also applicable to the states through the Fourteenth Amendment’s Due Process Clause. For example, the right to free speech, originally intended to limit Congress, is now understood to also limit state governments.
This concept is vital because it ensures a baseline of individual liberties across the entire nation, preventing states from infringing on rights that are considered fundamental. Its historical development has been gradual, occurring through a series of Supreme Court cases that selectively applied specific amendments to the states. This selective application underscores the balancing act between federal oversight and states’ rights, and its importance is reflected in the protection it affords citizens against potential state overreach.