The Supreme Court's practice of incorporating the Bill of Rights selectively, by identifying federal rights that are "implicit in the concept of ordered liberty" and applying them to states through the Fourteenth Amendment's due process clause is called _______.

Question

Quizplus · Accepted Answer

Selective incorporation is the practice of applying specific federal rights to the states through the Fourteenth Amendment's due process clause. The Supreme Court has identified certain rights as being "implicit in the concept of ordered liberty," which are then incorporated into the states' laws. This approach has been used to selectively incorporate many of the protections guaranteed in the Bill of Rights.

The Supreme Court's Practice of Incorporating the Bill of Rights