The theory that the Supreme Court should decide on a case-by-case basis whether a particular provision of the U.S. Constitution should be applied to the states is:

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The theory that the Supreme Court should decide on a case-by-case basis whether a particular provision of the U.S. Constitution should be applied to the states is called "selective incorporation." This approach has been used to gradually extend the protections of the Bill of Rights to state governments. It is often contrasted with the idea of "total incorporation," which holds that all provisions of the Bill of Rights should be automatically applied to the states.

The Theory That the Supreme Court Should Decide on a Case-By-Case