Question

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.

Answer 1

Palko involved restricting incorporation of the Bill of Rights on the state level. In contrast, Duncan resulted in an expansion of incorporation when the conviction was overturned due to the lack of a jury trial.

Answer 2

Palko involved restricting incorporation of the Bill of Rights on the state level. In contrast, Duncan resulted in an expansion of incorporation when the conviction was overturned due to the lack of a jury trial.