Which amendment provides selective incorporation to apply certain constitutional rights against the states?

• A. The Fourteenth Amendment.
• B. The First Amendment.
• C. The Fourth Amendment.
• D. The Sixth Amendment.

Answer: (A)

Selective incorporation happens through the Fourteenth Amendment’s Due Process Clause. The Supreme Court uses this clause to apply certain federal constitutional protections to state governments, doing so case by case based on whether a right is fundamental. This is why, over time, many rights originally in other amendments—such as protections against unreasonable searches, the right to counsel, and free speech—are binding on the states. The amendments themselves contain the rights, but it’s the Fourteenth Amendment that provides the mechanism to make them applicable to state action.