Which concept refers to the application of the Bill of Rights to the states?

Study for the FCLE Court Cases and Amendments Exam. Utilize flashcards and multiple-choice questions, each with hints and explanations. Prepare thoroughly for your test!

The concept that refers to the application of the Bill of Rights to the states is known as Selective Incorporation. This process involves the use of the Fourteenth Amendment's Due Process Clause by which certain rights protected in the Bill of Rights, initially intended only to limit the federal government, are applied to state governments as well.

Through a series of Supreme Court cases, specific rights have been selectively incorporated, meaning that not all rights are automatically applied to the states, but rather, they are done so on a case-by-case basis, depending on whether the Court deems a particular right fundamental to the notion of ordered liberty. This has been crucial in ensuring that state laws and actions respect the same fundamental rights that federal laws do, therefore promoting a more uniform standard of individual rights across the United States.

In contrast, Judicial Review pertains to the power of the courts to evaluate the constitutionality of legislative and executive actions. Federalism refers to the division of power between national and state governments, and Due Process is a legal requirement that the state must respect all legal rights owed to a person, encompassing various legal principles, including those incorporated through Selective Incorporation.

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