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 |