The Difference Between Nationalization and Incorporation of the Bill of Rights

Nationalization made the Bill of Rights applicable to the states.

The Bill of Rights was presented to Congress in 1789 to keep the new American government from trespassing on its citizens' personal liberties. Originally, it was intended to apply only to the national government, but by 1897 a reinterpretation of the 14th Amendment allowed the Supreme Court to apply it to state and local governments as well.

The Fourteenth Amendment

The Fourteenth Amendment was passed after the Civil War to curtail states' powers. It forbids states from making laws that deprive American citizens of "life, liberty or property, without due process of law." In 1897, the Supreme Court interpreted this clause to mean that the liberties guaranteed by the Bill of Rights are also applicable on a state level.

Nationalization Versus Incorporation

Throughout the early 20th century, Supreme Court justices debated how to implement the Bill of Rights into state legislation. Applying the entirety of the Bill of Rights to the states all at once was known as "total incorporation" or "nationalization." However, the Supreme Court chose to gradually incorporate the amendments as cases arose, a process called "selective incorporation."

Non-Nationalized Amendments

Though total incorporation was not implemented, almost all the provisions of the Bill of Rights have been nationalized. As of 2010, the only exceptions are the Second, Third, and Seventh Amendments, as well as parts of the Fifth and Eighth Amendments.

References

• The American Political Science Association: The Nationalization of the Bill of Rights
• Glendale Community College: The Nationalization of the Bill of Rights