QQuestionLaw School Admission Test
QuestionLaw School Admission Test
What is the impact of incorporation? (5 points)
The Supreme Court has included local court judges to help rule on certain cases..
The Supreme Court has applied certain rights from the Bill of Rights to the state governments.
The Supreme Court has requested that appeals lawyers combine similar cases into one review.
The Supreme Court has determined that its rulings will only apply to the state in which the case began.
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Answer
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Step 1: Clearly define what incorporation means in the context of the Supreme Court.
Incorporation, in the context of the Supreme Court, refers to the application of certain rights from the Bill of Rights to the state governments. This process is known as "incorporation through the Due Process clause of the Fourteenth Amendment."
Step 2: Explain the impact of incorporation on individuals and states.
The impact of incorporation is significant as it extends the protection of specific constitutional rights to individuals at the state level. Before incorporation, the Bill of Rights only applied to the federal government, and state governments could potentially violate these rights without consequence. With incorporation, state governments are held to the same standards as the federal government regarding individual liberties.
Final Answer
Incorporation is the application of certain rights from the Bill of Rights to the state governments, extending protection of individual liberties at the state level. Examples of incorporated rights include freedom of speech, religion, and the press; protection against unreasonable searches and seizures; due process; and the prohibition of cruel and unusual punishment. The process of incorporation is ongoing, with the Supreme Court determining which provisions apply to the states on a case-by-case basis.
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