incorporation Assessment Questions And Answers Verified Solutions.
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Course
INC.
Institution
INC.
incorporation - correct answer Does the Bill of Rights apply to the states?
Incorporation: idea that 14th amendment includes provisions of bill of rights;
two ways to incorporate: through due process clause and privileges or immunities clause;
b. When a ...
incorporation
incorporation - correct answer Does the Bill of Rights apply to the states?
Incorporation: idea that 14th amendment includes provisions of bill of rights;
two ways to incorporate: through due process clause and privileges or immunities clause;
b. When a right or liberty is incorporated, it applies with the same force (i.e., jot-for-jot) against the
states as it does with the federal government.
Concerns with incorporation: - correct answer · Did framers of 14th Amendment
intend to apply Bill of Rights to states?
· Federalism: incorporating rules on states would cause states to lose autonomy;
· Judicial role: total incorporation would mean more judicial oversight of state actions, thus less
autonomy;
2 general approaches to incorporation - correct answer total incorporation
selective incorporation
Total incorporation - correct answer o Simple argument: 14th amendment should
be read to take entire bill of rights and incorporate and apply to states;
o Doesn't want value judgments by judges;
Selective incorporation - correct answer o Court piece by piece considers whether
rights should be incorporated into 14th amendment.
o What process to determine? Is the right claimed so fundamental that it has to be incorporated to
states?
§ To scheme of liberty?
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