Refer to the passage.We concluded that certain fundamental rights, safeguarded by the first eight amendments against federal action, were also safeguarded against state action by the due process of law clause of the Fourteenth Amendment, and among them the fundamental right of the accused to the aid of counsel in a criminal prosecution. . . .. . . From the very beginning, our state and national constitutions and laws have laid great emphasis on procedural and substantive safeguards designed to assure fair trials before impartial tribunals in which every defendant stands equal before the law. This noble ideal cannot be realized if the poor man charged with crime has to face his accusers without a lawyer to assist him.–Justice Hugo Black, Gideon v. Wainwright (1963)
Answer
A
Incorporation is the process by which the Bill of Rights is applied to the states.
B
The Bill of Rights is incorporated into the existing constitution of each state.
C
The right to due process prevents the federal government from infringing on the Bill of Rights.
D
Incorporating rights such as due process prevents the states from changing the meaning of the Bill of Rights.
Explanation
Justice Black explains that protections in the first eight amendments, including the right to counsel, apply against state governments through the Fourteenth Amendment’s due process clause. This process is called incorporation: it applies Bill of Rights protections to the states. Choice A states that definition. The passage does not say that each state’s constitution is changed or that states are prevented from interpreting the Bill of Rights.
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