Question

Justice giving the Type of opinion incorporation preferred Black Frankfurter Argument against other approach to incorporation Cite a phrase from the opinion expressing the benefit of the justice's preferred approach.​

Answer 1

Justice Frankfurter preferred the selective approach to incorporation, which involves incorporating only those rights that are "implicit in the concept of ordered liberty". In his opinion in Adamson v. California (1947), he argued that the alternative approach of total incorporation, which would incorporate all the provisions of the Bill of Rights, was "wholly without support in the constitutional history of the country." A phrase from his opinion expressing the benefit of the selective approach is "It is a process of constitutional recognition and adaptation that, by means of a wide-ranging but discriminating process of case-by-case inclusion, accommodates itself to the practicalities and potentialities of democratic government."