Thursday, September 11, 2008

118-127

Selective incorporation can be described as a way of allowing portions of the bill of rights to be selected by through the states through the fourteenth amendment. This type of incorporation is clearly different from total incorporation,in which all of the rights listed in the first ten amendments are included...obviously. Prime examples of the differences in incorporation can be illustrated when looking at the following supreme court cases: Barron vs Baltimore , Gitlow vs New York , and Palko vs Connecticut. In Barron vs Baltimore, the supreme court ruled that the bill of rights applied only to federal situations and the states were able to hold their own constitutions without the provision of a bill of rights. However, a landmark case, Gitlow vs New York, reversed the barron case by using the due process clause. In a similar manner, the case Palko vs Connecticut used the due process law and 14th amendment to state that Connecticut was in violation of the law since he was accused of double jeopardy. 

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