Constitution 101 Resources

5.6 Activity Guide: Incorporation Essay by Akhil Amar and Note Catcher

This activity is part of Module 5: The Bill of Rights from the Constitution 101 Curriculum


As ratified, the Bill of Rights only applied to abuses by the national government—not the states. However, following the ratification of the 14th Amendment and later decisions by the Supreme Court, the Bill of Rights became a charter of national freedom—applying key Bill of Rights protections (like free speech and religious liberty) to abuses by all levels of government: national, state, and local. This process is known as incorporation. Today, virtually all of the key protections enshrined in the Bill of Rights apply with equal vigor against all levels of government.

In this activity, you will explore the relationship between the Bill of Rights and the 14th Amendment and study the process of incorporation.

Read the following essay and record your notes, any key terms, questions you may have, and a summary of it.