What does the term 'selective incorporation' refer to?

The term 'selective incorporation' specifically refers to the process through which certain rights enshrined in the Bill of Rights are applied to the states via the Fourteenth Amendment. This amendment includes the Due Process Clause, which has been interpreted by the Supreme Court to mean that certain fundamental rights should be extended to limit state laws and protect individual rights against state infringement.

Historically, the Bill of Rights initially applied only to the federal government. However, through selective incorporation, the Supreme Court has gradually extended various rights to apply at the state level, ensuring that states cannot violate those rights without just cause. This process allows for a more uniform standard of rights protection across the U.S., safeguarding individuals from state actions that might infringe upon their federally recognized rights.

This understanding distinguishes selective incorporation from other concepts related to state rights and laws, highlighting its specific focus on the application of federal rights within the state context.