Posted: January 29th, 2023
200-250 words
Where would you stand– if the issue was onging– with incorporating the bill of rights, incorporation, selective incorportation, or fundemental fairness? Why?
Should prosecutors disclose evidence that may prove a defendent’s equal protection claim? Should it be legally required of them? Why, why not?
SOLUTION
Incorporation refers to the process by which the provisions of the U.S. Bill of Rights are made applicable to the states through the 14th Amendment’s Due Process Clause. The Supreme Court has used various theories to incorporate different provisions of the Bill of Rights, including the selective incorporation and total incorporation theories.
Selective incorporation refers to the process by which the Supreme Court has determined that certain provisions of the Bill of Rights should be applied to the states through the 14th Amendment, while others should not.
Total incorporation refers to the process by which the Supreme Court has determined that all of the provisions of the Bill of Rights should be applied to the states through the 14th Amendment.
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