What does selective incorporation refer to in a legal context?

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Selective incorporation refers to the legal doctrine that ensures that the rights granted in the Bill of Rights apply to state governments through the Fourteenth Amendment's Due Process Clause. This means that certain fundamental rights recognized at the federal level are applied to the states, therefore protecting individuals from state infringements on those rights. The Supreme Court has gradually ruled in various cases that certain protections, such as freedom of speech and the right to a fair trial, must be upheld by the states, thus incorporating them selectively. This underpins a significant aspect of constitutional law, emphasizing the balance between state powers and individual rights. This principle has evolved through landmark Supreme Court cases and has shaped the relationship between federal and state authority regarding civil liberties.

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