The Supreme Court’s use of selective incorporation

Selective incorporation is the process by which the Supreme Court has applied particular protections in the Bill of Rights to the states through the Fourteenth Amendment. The Court considers whether each right should be incorporated separately, deciding cases over time rather than applying one identical rule to every right. This makes the approach case-by-case, so D is correct. It is not limited to cases lacking evidence or to amendments adopted before 1850.

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