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The amendments in the Bill of Rights are said to be incorporated against the states through the due process clause of the Fourteenth Amendment. There has been an ongoing debate on the Supreme Court about the extent of incorporation, and whether the entire Bill of Rights, or only some of it’s guarantees, should be incorporated against the states...
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There has been an ongoing debate on the Supreme Court about the extent of incorporation, and whether the entire Bill of Rights, or only some of it’s guarantees, should be incorporated against the states. (1)
Part II
The Supreme Court views and attitudes can change over time. First the membership of the court changes when a justice retires or dies, and when the new justice is appointed to fill his position the new justice may not share the same views as the previous one...
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