Definition
Selective incorporation is the method by which courts have applied the Bill of Rights to the states gradually, examining each protection separately rather than treating the first ten amendments as a single package.
Under this approach, a particular right becomes binding on the states once a court concludes it is fundamental to a fair system of liberty. Rights judged less essential were left unincorporated.
Why it matters
How it works
When a case raises whether a specific guarantee applies to a state, courts ask whether that right is deeply rooted in the nation history and essential to ordered liberty. If so, it is incorporated through the Fourteenth Amendment Due Process Clause.
Over the twentieth century, most provisions, including free speech, free exercise of religion, jury trial, and protection from unreasonable searches, were incorporated this way. A few minor guarantees, such as the requirement of grand jury indictment, remain unincorporated.