Question

What basis does the Court use to decide whether or not a right is incorporated to the states?

Answer 1

Fourteenth Amendment's due process clause

Step-by-step explanation:

When deciding whether a right is incorporated to the states (and all levels of government), the Court considers whether the right is “implicit in the concept of ordered liberty”, or otherwise “fundamental”. If the right is fundamental, it applies to the states through the Fourteenth Amendment's due process clause.