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.

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.

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anthougo anthougo · Answer 2 · 2022-01-26T17:05:03+01:00

By majority decisions, the Supreme Court has continued to influence the incorporation of the Bill of Rights.

Palko v. Connecticut

For example, in Palko v. Connecticut, the Supreme Court affirmed the Fifth Amendment protection against Connecticut thereby, forbidding double jeopardy. This case reaffirmed that selective incorporation of the Bill of Rights was not constitutional thereby, restricting states from regulating civil rights and liberties.

Duncan vs. Louisiana

In Duncan vs. Louisiana, the Supreme Court upheld the fundamental nature of the Sixth Amendment, guaranteeing trial by jury in criminal cases and showing the obligation of states to provide jury trials under the Fourteenth Amendment.

Thus, we can conclude that the Supreme court has influenced the incorporation of the Bill of Rights by obliging states to perform their constitutional duties.

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