Which statement describes the incorporation doctrine?

• A. It expands federal powers
• B. It requires states to adopt the federal constitution word-for-word
• C. It expands the scope of the first ten amendments to include the entire Bill of Rights
• D. It applies portions of the national Bill of Rights to the states

Answer: (D)

The incorporation doctrine uses the Fourteenth Amendment’s due process clause to bring many protections from the Bill of Rights against federal power down to state governments. In practice, this means that through court decisions, portions of the national Bill of Rights are applied to actions by states, not just to actions by the federal government. It’s a selective process—the Supreme Court has incorporated certain rights (like free speech, protection against unreasonable searches, and the right to counsel) while not extending every single right to the states. This does not enlarge federal powers, nor does it require states to copy the federal constitution word-for-word, and it does not automatically apply the entire Bill of Rights to the states.