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Incorporation Viewing Guide

Access our Homework Help video on the constitutional principle of incorporation and use the following lesson to follow along! Overview: Has incorporating the Bill of Rights to apply to the states resulted in greater liberty for Americans? The Bill of Rights was originally created to protect liberties from the federal government. Over time, however, some of the amendments have been incorporated in order to protect certain rights from state governments as well.

  1. During the first session of Congress, why did James Madison support a bill of rights that would restrict state governments?
  2. Why did Madison’s opponents argue against a bill of rights restricting state governments?
  3. Why was the 14th amendment passed after the Civil War?
  4. What does the 14th amendment’s due process clause state?
  5. What is the incorporation doctrine?
  6. What was the first case to apply the incorporation doctrine to the Bill of Rights?
  7. As of 2020, which amendments have been incorporated?
  8. Do you believe that incorporation has expanded liberties for Americans? Or has it violated the principle of federalism by allowing the federal government to become too involved in state affairs? Explain your answer.

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