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QUESTION IMAGE

the supreme courts use of selective incorporation only applies to amend…

Question

the supreme courts use of selective incorporation
only applies to amendments added before 1850.
only applies in cases where there is not enough evidence of a crime.
takes a subjective case-by-case approach to the question of incorporation.
takes the same approach to the question of incorporation in all cases.

Explanation:

Brief Explanations

Selective incorporation is the process by which the Supreme Court has applied the Bill of Rights (and later amendments) to the states through the Fourteenth Amendment's Due Process Clause. It is not limited by the time of amendment (so the first option is wrong), nor is it related to the amount of evidence in a crime (so the second option is wrong). It does not take the same approach in all cases (the fourth option is wrong); instead, the Court uses a case - by - case, subjective approach to decide which rights are incorporated against the states.

Answer:

C. takes a subjective case - by - case approach to the question of incorporation.