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The Bill of Rights have long been held as an of import protection for the people from the government. In its original state, it protected the people from the federal authorities and not the authorities of their several state. The Bill of Rights was made applicable to state authorities through the procedure of incorporation.

Incorporation is the legal philosophy that have made parts of the Bill of Rights applicable to the states. It has, frequently, relied on the 14th Amendment's "due process" clause to do the first 8 amendments applicable to the states. Many people experience that the Privileges and Immunities clause (Article IV, Section 2, Clause 1) would be a more than appropriate manner of incorporating rights; however, the Supreme Court have stuck with the 14th Amendment.

Prior to the development of the incorporation philosophy and the confirmation of the 14th Amendment, the Supreme Court ruled in Barron v. Mayor of Baltimore (1833) that the Bill of Rights did not curtail the state governments. While that lawsuit mainly dealt with the 5th Amendment's prohibition of denying an individual private place for public usage without just compensation, the Supreme Court, Pb by Head Justice Toilet Marshall, ruled that the Bill of Rights in general was applicable lone to the federal government. This manner of thought remained in topographic point until the late 1920s.

In the 20th century, the Supreme Court had a alteration of mentality and started opinion that parts of the Bill of Rights were applicable to states. This started in 1925 with Gitlow v. New York. In this case, states were jump to detect the 1st Amendment's warrant of freedom of speech. While this lawsuit is seen as the start of the incorporation doctrine, it wasn't until the 1940s that things really got rolling. The Robert Penn Warren Court of the 1960s was responsible for incorporating the bulk of procedural protections provided to criminal defendants. The Robert Penn Warren Court brought state criteria in line with federal requirements. The incorporation philosophy as a whole uses both procedural and substantial warrants to the states.

While the Supreme Court have addressed many parts of the Bill of Rights, there are many commissariat that the Supreme Court have either refused to integrate or not yet incorporated. If the proviso have not yet been incorporated, this is most likely owed to a lawsuit not having come up before the court. So far, the Second Amendment (right to bear arms), Fifth Amendement (right to an bill of indictment by a expansive jury), Seventh Amendment (right to a jury trial in civil lawsuits), and Sixth Amendment (a criminal jury can dwell of lone 12 members and must attain a consentaneous finding of fact in order to convict) have got not been incorporated.