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Q: Which of the following incorporation procedure is utilized by the Supreme Court? ( Answered 5 out of 5 stars,   0 Comments )
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Subject: Which of the following incorporation procedure is utilized by the Supreme Court?
Category: Miscellaneous
Asked by: lawman1305-ga
List Price: $2.00
Posted: 26 Sep 2004 10:11 PDT
Expires: 26 Oct 2004 10:11 PDT
Question ID: 406534
Which of the following incorporation procedure is utilized by the Supreme Court?
  Selective incorporation 
  Total incorporation 
  Total incorporation plus 
  Case-by-case incorporation
Answer  
Subject: Re: Which of the following incorporation procedure is utilized by the Supreme Court?
Answered By: jackburton-ga on 26 Sep 2004 11:03 PDT
Rated:5 out of 5 stars
 
Answer: Selective Incorporation
 
  
"The constitution of the United States of America is the most widely
discussed document in our nation?s history.  Of all the different
sections and amendments, the Bill of Rights and the fourteenth
amendment, hereinafter the Bill of Rights, is the most widely debated.
 Courts often have difficulty deciding when to incorporate the Bill of
Rights into the cases arising from the states.  If one makes very
broad distinctions, there can be as many as four positions of
incorporations in the Supreme Court: selective incorporation, the
case-by-case rule, total incorporation, and total incorporation plus. 
Of these, the most interesting can be argued to be the first two.
Selective Incorporation is a long standing method used by the current
supreme court, and four decades of the majority of the courts prior.
(...)
This method, which has been in unofficial use since 1937, continues to
dominate the Supreme Court?s view of incorporation of the Bill of
Rights into the states and, judging by the present composition of the
court, will continue to for years to come."
   
Source: "A Comparison of Selective Incorporations and the Case by Case Rule"
http://home.cfl.rr.com/aawright/papers/A%20Comparison%20of%20Selective%20Incorporations%20and%20the%20Case%20by%20Case%20Rule.doc
  
  
Search terms:
   
"supreme court" "total incorporation plus" "case by case"
http://home.cfl.rr.com/aawright/papers/A%20Comparison%20of%20Selective%20Incorporations%20and%20the%20Case%20by%20Case%20Rule.doc
lawman1305-ga rated this answer:5 out of 5 stars

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