Describe the four approaches to incorporation

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Identify and briefly describe the four approaches to incorporation in Chapter One. Which one of these four do you most agree with and why?

The four approaches to incorporation are summarized as follows:

1. Selective Incorporation: Only those rights in the Bill of Rights that are considered fundamental should be applied to the States.

2. Total Incorporation: Every one of the provisions of the Bill of Rights should be applied to the States.

3. Total Incorporation Plus: All the provisions of the Bill of Rights should be applied to the States, plus other unspecified rights.

4. Case-by-Case Incorporation: Examines the facts of a specific case to determine whether there is an injustice so serious as to justify extending the provisions of the Bill of Rights to that case and to that case only.

Case-by-case differs from selective incorporation in that the case-by-case approach looks at the facts of a particular case to determine if the violation is so bad that the Bill of Rights should apply to that case. In contrast, selective incorporation looks at whether a particular right is so fundamental that it should apply to all cases involving that right. It is not concerned with a particular case.

Reference no: EM133653719

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