Incorporation of Constitutional Rights

The Lesson concerns the constitutional doctrine and theories of incorporation regarding whether the federal government, the state government, or both are bound by the specific individual constitutional rights in the Bill of Rights.

It can be used as class preparation, review, or as a supplement in a Constitutional Law course. It is also suitable for a Criminal Procedure course.

Learning Outcomes

On completion of the lesson, a student will be able to:

1. Articulate the constitutional doctrine of "selective incorporation" of provisions of the Bill of Rights as applicable to the states through the Fourteenth Amendment.
2. Be familiar with which specific provisions in the Bill of Rights have been incorporated through the Fourteenth Amendment and those that have not been incorporated.
3. Articulate and apply the test for incorporation of provisions of the Bill of Rights through the Fourteenth Amendment.