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The inclusion of certain provisions of the Bill of Rights in the Fourteenth Amendment, so that these rights are protected from infringements by the state governments, is called

A. the preferred position doctrine.
B. procedural change.
C. selective incorporation.
D. the absorption doctrine.
E. prior restraint.

1 Answer

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Final answer:

Selective incorporation is the process by which the protections of the Bill of Rights have been applied to state governments through the Fourteenth Amendment, ensuring fundamental liberties are universally upheld. This process involves the due process clause and is ongoing, as seen in landmark cases like McDonald v. Chicago. The correct option is c. selective incorporation.

Step-by-step explanation:

The inclusion of certain provisions of the Bill of Rights in the Fourteenth Amendment to ensure these rights are protected from infringements by state governments is called selective incorporation.

Selective incorporation is the legal doctrine by which portions of the Bill of Rights have been made applicable to the states. When the Supreme Court decides on a case that may involve state laws conflicting with the Bill of Rights, this doctrine allows the Court to determine whether such state laws violate fundamental liberties protected by the Bill of Rights, and thus, if they are deemed unconstitutional.

It is an ongoing process that has gradually extended protections originally meant for the federal government to the states, ensuring that civil liberties are guaranteed equally across all states. An example includes the McDonald v. Chicago case, which incorporated the Second Amendment into state law.

The due process clause of the Fourteenth Amendment has been a pivotal element in this doctrine, reinforcing the concept that no state shall deprive any person of life, liberty, or property without due process of law.

The correct option is c. selective incorporation.

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