How The 14th Amendment Applies The Bill Of Rights To States

The Fourteenth Amendment promises a baseline of freedom, but the Supreme Court built that promise through a long series of workarounds. We start with incorporation: how protections in the first eight amendments of the Bill of Rights come to bind state governments, not just the federal government. Along the way, we revisit what Reconstruction lawmakers were trying to fix, why a national “floor of rights” mattered, and how early decisions like United States v. Cruikshank helped stall incorporation for decades.

From there, we get into the part that makes lawyers argue and students groan: selective incorporation and substantive due process. We explain how the Court first used the Due Process Clause to protect “liberty of contract” during the Lochner era, then later pivoted to using the same clause to selectively apply speech, criminal procedure, and other civil liberties against the states. We also talk about Justice Hugo Black’s blunt critique and why the Court still resists the cleaner logic of total incorporation, even when modern cases like McDonald and Timbs keep pushing the doctrine in that direction.

We close by connecting incorporation to two bigger battlegrounds: unenumerated rights and equal protection. We unpack how privacy arguments show up in Griswold and Roe, what Dobbs changes, and why federalism questions can get tangled with individual rights claims. Then we shift to the Equal Protection Clause, where “all laws classify” forces courts to draw lines between reasonable policy and arbitrary discrimination, through cases like Plessy, Brown, Korematsu, and Loving.

If you care about civil rights, civil liberties, and how the Constitution applies in real life, subscribe, share this with a friend, and leave a review so more listeners can find the series.

Check Out the Civic Literacy Curriculum!

School of Civic and Economic Thought and Leadership

Center for American Civics