Incorporation Theory

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Incorporation Theory

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The incorporation theory refers to the idea that the Bill of Rights, Amendments 1-10, was "incorporated" into the 14th Amendment when it was passed. Because the 14th said that no state shall deprive any citizen of life, liberty, property without due process, the definition of "liberty" was argued to encompass the first 10 amendments. Until the 14th amendment, the federal government could not restrict your free speech under the 1st amendment, but your state government was not bound to the same standard. After the 14th was passed, those rights (called "fundamental" rights) were incorporated into the 14th amendment so that state governments (like the ones in the south) could not deny to any citizen their fundamental constitutional rights (like the right to vote for African-Americans).
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