Incorporation is the legal doctrine by which the Bill of Rights, either in full or in part, is applied to the states through the Fourteenth Amendment's due process clause. The basis for incorporation is substantive due process regarding substantive rights enumerated elsewhere in the Constitution, and procedural due process regarding procedural rights enumerated elsewhere in the Constitution.Congressional Research Service, Fourteenth Amendment: Rights Guaranteed: Procedural Due Process: Criminal: "practically all the criminal procedural guarantees of the Bill of Rightsthe Fourth, Fifth, Sixth, and Eighth Amendmentscontain limitations which are fundamental to state criminal justice systems and that the absence of one or the other particular guarantees denies a suspect or a defendant due process of law."
