Hi everyone! On negarinfo and in this post we are going to talk about “which argument would supporters of total incorporation most likely make?”
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Which argument would supporters of total incorporation most likely make?
A. All protections in the Bill of Rights should apply to the states.
B. Procedural due process is more important than substantive due process.
C. State governments should be required to pass their own bill of rights.
D. No Bill of Rights protections should be interpreted as part of the Fourteenth Amendment.
|Due process||the legal requirement that an individual’s rights must be respected by a state or government; protected at the federal level by the Fifth Amendment, and at the state level by the Fourteenth|
|Fourteenth Amendment||explicitly guarantees certain rights against infringement by states, including citizenship, due process, and equal protection for all citizens; before the Amendment’s 1868 adoption, these rights were protected at the Federal level by the Bill of Rights, but not explicitly at the state level|
|Fundamental rights||rights and immunities protected by the Bill of Rights and interpreted by the Supreme Court as “implicit in the concept of ordered liberty,”start superscript, 1, end superscript and therefore protected against state governments in addition to the federal government|
|Incrementalism||the process of incorporating specific rights and provisions of the Bill of Rights to the state level on a case-by-case basis; compare to total incorporation|
|Total incorporation||a doctrine that applies all the guarantees of the Bill of Rights to the state level without exception; this doctrine has never been adopted by a Supreme Court majority opinion, although several dissenting justices have advocated for it|
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