Question

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1. Think about how state laws would be affected if the entire Bill of Rights were incorporated. Would someone who felt that states should have the freedom to make their own laws support total incorporation or selective incorporation? Why?

2. Would someone who was concerned that citizens' rights were being attacked support total incorporation or selective incorporation? Why?

3. According to Justice Hugo Black, the Bill of Rights is a basic guarantee that people will not lose their liberty. What danger did Black think the government might pose to liberty?

4. According to Justice Felix Frankfurter, one problem with incorporation was that opinions varied about which rights were most important. How did Frankfurter suggest the Court could solve this problem?

5. Which opinion do you agree with more — Black's or Frankfurter's? Why do you think that opinion was a better interpretation of the Fourteenth Amendment?

Answer 1

Answer:

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