What does selective incorporation refer to in the context of the Bill of Rights?

Selective incorporation is a significant legal doctrine that emerged from the interpretation of the 14th Amendment, particularly the Due Process Clause. It refers specifically to the process by which certain protections in the Bill of Rights are applied to state governments, thus ensuring that states cannot infringe upon certain fundamental rights guaranteed to individuals.

The 14th Amendment was adopted to provide equality and protect citizens' rights from state actions following the Civil War. Through landmark Supreme Court cases, selective incorporation has been established, selectively applying certain rights enumerated in the Bill of Rights to the states. This is critical in ensuring that individual rights are safeguarded not just against federal infringement but also from state and local government actions.

For instance, cases like Gitlow v. New York and Mapp v. Ohio served to incorporate free speech and the right to privacy, respectively, demonstrating how key rights from the Bill of Rights also bind state governments. This incorporation signifies that while the Bill of Rights initially applied only to the federal government, it has since become a critical framework for individual rights across all levels of government. Understanding this process helps clarify how citizens are protected under both federal and state laws in the United States.