Question

Selective incorporation is best defined as which of the following?

Answer 1

The correct option is A. Selective incorporation is best defined as the rights and immunities protected by the Bill of Rights and interpreted by the Supreme Court as “implicit in the concept of ordered liberty”

What is an implied right?

The political and civic liberties that logically underpin the Constitution's real text but are not expressly expressed therein are known as implied rights.

The Due Process Clause and other Constitutional provisions have been interpreted by the courts to protect the fundamental freedoms that are "implicit in the concept of ordered liberty." The rights have not been specifically named, and it is uncertain if the Supreme Court has the power to uphold the unnamed rights.

Learn more about Implied Rights here:

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