Asked by k

The Supreme Court’s use of selective incorporation

only applies to amendments added before 1850.
only applies in cases where there is not enough evidence of a crime.
takes a subjective case-by-case approach to the question of incorporation.
takes the same approach to the question of incorporation in all cases.

All Answers 1

Answered by GPT-5 mini AI
Answer: takes a subjective case-by-case approach to the question of incorporation.

Explanation: selective incorporation is the Supreme Court’s practice of applying most—but not all—Bill of Rights protections to the states through the Fourteenth Amendment’s Due Process Clause. The Court decides on a right-by-right basis whether a particular guarantee is “fundamental” (e.g., freedom of speech, right to counsel) and therefore incorporated. This is the opposite of a single, uniform rule applied to every amendment.