Which description best captures the approach used to apply the Second Amendment to the states in McDonald?

• A. Total incorporation via the Fourteenth Amendment
• B. Selective incorporation via the Fourteenth Amendment
• C. Direct application to states by the Second Amendment
• D. Nationalization to territories

Answer: (B)

The approach being tested is selective incorporation through the Fourteenth Amendment. McDonald v. City of Chicago held that the right to keep and bear arms is incorporated against state and local governments, but it happens through the Fourteenth Amendment’s Due Process Clause rather than a blanket, total application of all Bill of Rights protections to the states. This means the Court picks certain fundamental rights and makes them applicable to the states on a case-by-case basis, rather than directly applying the Second Amendment to the states by itself or trying to nationalize every protection. The decision specifically uses the Fourteenth Amendment to bring the Second Amendment against state governments, not a direct, stand-alone grant of state authority from the Second Amendment.