Both the fundamental fairness and incorporation doctrines promote similar interests. Nonetheless, they differ in several respects. These differences include:
I. they define due process differently.
II. the extent to which they require uniform treatment by the states.
III. the incorporation doctrine relies on natural law and the fundamental fairness doctrine relies on the Bill of Rights.
IV. The fundamental fairness doctrine derives its meaning independent of the Bill of Rights while incorporation derives its meaning from the Bill of Rights.

Question

Quizplus · Accepted Answer

The fundamental fairness and incorporation doctrines differ in how they define due process (I), the extent of uniform treatment required by states (II), and the source of their meaning, with incorporation deriving from the Bill of Rights and fundamental fairness being independent of it (IV). III is incorrect because it reverses the sources of reliance for each doctrine.

Both the Fundamental Fairness and Incorporation Doctrines Promote Similar Interests