Which of these rights has not been subject to incorporation?

Which of these rights has not been subject to incorporation?

• A. The right to bear arms
• B. The right to a fair trial
• C. The right to freedom of speech
• D. The right to petition the government

Answer: (A)

The right to bear arms has not been fully incorporated against the states through the Fourteenth Amendment. While the Second Amendment protects an individual's right to keep and bear arms, the Supreme Court's incorporation through the Fourteenth Amendment has primarily applied to narrower aspects, such as the individual right recognized in the landmark case of District of Columbia v. Heller in 2008. This case affirmed the right to bear arms for self-defense within the home but did not extend comprehensive incorporation to the states concerning all regulations or forms of bearing arms. In contrast, the right to a fair trial, the right to freedom of speech, and the right to petition the government have been fully incorporated through various Supreme Court rulings over the years. The protections offered by these rights have been established as fundamental liberties that states must uphold, reflecting the broader application of the Bill of Rights to state actions through the Fourteenth Amendment's Due Process Clause.

The right to bear arms has not been fully incorporated against the states through the Fourteenth Amendment. While the Second Amendment protects an individual's right to keep and bear arms, the Supreme Court's incorporation through the Fourteenth Amendment has primarily applied to narrower aspects, such as the individual right recognized in the landmark case of District of Columbia v. Heller in 2008. This case affirmed the right to bear arms for self-defense within the home but did not extend comprehensive incorporation to the states concerning all regulations or forms of bearing arms.

In contrast, the right to a fair trial, the right to freedom of speech, and the right to petition the government have been fully incorporated through various Supreme Court rulings over the years. The protections offered by these rights have been established as fundamental liberties that states must uphold, reflecting the broader application of the Bill of Rights to state actions through the Fourteenth Amendment's Due Process Clause.