The legal doctrine that ensures states cannot enact laws that take away the constitutional rights of citizens is the focus. This principle applies the Bill of Rights to the states on a case-by-case basis. For example, the Supreme Court might rule that the First Amendment’s guarantee of free speech applies to the states, meaning a state law restricting speech could be challenged as unconstitutional. This contrasts with total incorporation, which would apply all provisions of the Bill of Rights to the states at once.
This gradual approach has been instrumental in safeguarding individual liberties across the nation. It prevents states from infringing upon fundamental rights enshrined in the Constitution. Historically, the Bill of Rights was initially interpreted as only limiting the federal government. Through this process, the Supreme Court extended these protections to individuals against state actions. This contributes significantly to a more uniform and just application of constitutional rights throughout the country.
