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

-Each case involved whether the Bill of Rights could be incorporated and applied to the states.

-Palko restricted incorporation by not allowing the Fifth Amendment to apply.

-Duncan expanded incorporation by forcing states to comply with the Sixth Amendment right to a trial by jury.

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.