What is the term for applying rights to the states on a case-by-case basis through the Fourteenth Amendment's due process clause?

What is the term for applying rights to the states on a case-by-case basis through the Fourteenth Amendment's due process clause?

• A. Total incorporation
• B. Partial incorporation
• C. Selective incorporation
• D. Practical incorporation

Answer: (C)

Selective incorporation explains how the Fourteenth Amendment’s due process clause makes many protections of the Bill of Rights apply to state governments, but not all at once. Instead, the Supreme Court has chosen to apply each right to the states only when it’s judged to be fundamental to liberty and appropriate for state action to be constrained. This case-by-case approach means some rights—like freedoms of speech and religion—were incorporated earlier, while others were added later as cases clarified their fundamental status. Because of this gradual, selective method, the best term for applying rights to the states on a case-by-case basis is selective incorporation.

Selective incorporation explains how the Fourteenth Amendment’s due process clause makes many protections of the Bill of Rights apply to state governments, but not all at once. Instead, the Supreme Court has chosen to apply each right to the states only when it’s judged to be fundamental to liberty and appropriate for state action to be constrained. This case-by-case approach means some rights—like freedoms of speech and religion—were incorporated earlier, while others were added later as cases clarified their fundamental status. Because of this gradual, selective method, the best term for applying rights to the states on a case-by-case basis is selective incorporation.