Which amendment is commonly understood to apply to individuals through incorporation at the state level?

• A. Fourteenth Amendment
• B. Seventh Amendment
• C. First Amendment
• D. Fourth Amendment

Answer: (A)

The main idea is incorporation—the process by which the protections in the Bill of Rights are extended to state and local governments through the Fourteenth Amendment. The Due Process Clause of the Fourteenth Amendment is the mechanism courts use to apply federal rights to individuals when governments at the state or local level act. That’s why this amendment is the best answer: it’s the vehicle that makes most of the Bill of Rights binding on states. Over time, the Supreme Court has used selective incorporation to apply rights like free speech, religious freedom, and protection against unreasonable searches and seizures to the states, all grounded in the Fourteenth Amendment. The First and Fourth Amendments provide those rights, but they become applicable to the states through incorporation, not on their own as the sole vehicle. The Seventh Amendment’s jury trial right in civil cases is not fully incorporated, so it’s not the standard example of incorporation to the states.