Question

incorporation and the supreme court
how has the supreme court influenced the process of
incorporating the bill of rights?
explain how palko and duncan changed the supreme
court’s approach to selective incorporation.

Explanation:

The question is about the Supreme Court's role in incorporating the Bill of Rights and specific cases (Palko, Duncan) affecting selective incorporation. This falls under Law (a subfield of Social Science) as it deals with constitutional law, judicial processes, and Supreme Court decisions. Palko v. Connecticut (1937) initially limited incorporation via the due - process clause, using the "fundamental fairness" standard and not incorporating the 5th Amendment's double - jeopardy clause. Duncan v. Louisiana (1968) expanded incorporation, ruling that the right to a jury trial in non - petty criminal cases (6th Amendment) was fundamental and applicable to states, shifting from Palko's narrow view to a broader incorporation of Bill of Rights provisions as fundamental to fair trials.

Answer:

The Supreme Court influences incorporation of the Bill of Rights through judicial review. In Palko v. Connecticut (1937), the Court used a narrow "fundamental fairness" approach, not incorporating the 5th Amendment's double - jeopardy clause (only "fundamental" rights for ordered liberty were considered, and double - jeopardy was not seen as such then). In Duncan v. Louisiana (1968), the Court ruled the 6th Amendment's right to a jury trial in non - petty criminal cases was fundamental and applicable to states, shifting to a broader view where more Bill of Rights provisions (meeting the "fundamental to the American scheme of justice" standard) were incorporated, moving away from Palko's restrictive approach.