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Natural rights built on the concept of "fundamental fairness" :)

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Vincent Kemmer

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3y ago

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What doctrine did both the no incorporation justices and the plus incorporation justices use to expand the notion of legal rights?

Natural rights built on the concept of "fundamental fairness" :)


What doctrine of rights did both the no incorporation's justices and the plus incorporation's justices use to expand the notion of legal rights?

Natural rights built on the concept of "fundamental fairness" :)


What doctrine of rights did both the no incorporation justices and the plus incorporation justices use expand the notion of legal rights?

Natural rights built on the concept of "fundamental fairness" :)


What doctrine of right did both the no incorporation justices and the plus incorporation justices used to expand the notion of legal rights?

Natural rights built on the concept of "fundamental fairness" :)


What doctrine of rights did both the no incorporation justices and the plus incorporation justice used to expand the notion of legal rights?

Natural rights built on the concept of "fundamental fairness" :)


What doctrine of the rights did both the no incorporations justices and the plus incorporation justice used to expand notion of legal rights?

Natural rights built on the concept of "fundamental fairness" :)


What doctrine of rights did both the no incorporation justices and the plus incorporation justices use the to expand the notion of legal rights?

They referenced natural rights built on the concept of "fundamental fairness," and the knowledge that some state actions "shock the conscience" because they violated natural rights.


What doctrine of rights did justices use to expand the notion of legal rights?

They used the doctrine of natural rights built on the concept of "fundamental fairness."


What doctrie of rights did both the no incorporation justices and the plus incorportation justices use to expand the notion of legal rights?

The no incorporation justices argued that the Bill of Rights applied only to the federal government, not the states. The plus incorporation justices used the Due Process Clause of the Fourteenth Amendment to extend the Bill of Rights to the states, incorporating them through a process of selective or total incorporation.


What doctrine of rights did both the no incorporation justices and the plus incorporation justices use to expand the notion of legal right?

Natural rights built on the concept of "fundamental fairness" :)


Why the court shifted from a total incorporation doctrine to a selective incorporation doctrine in the 1960?

The shift from total incorporation to selective incorporation in the 1960s was primarily driven by the Supreme Court's desire to balance state and federal powers while ensuring individual rights. Total incorporation would have applied all protections in the Bill of Rights to the states, which was seen as overly broad. Instead, selective incorporation allowed the Court to evaluate and apply specific rights deemed fundamental to the notion of due process under the 14th Amendment. This approach provided a more nuanced framework for protecting individual liberties while respecting states' rights.


Do The incorporation controversy has four approaches to incorporation?

Yes, the incorporation controversy regarding the application of the Bill of Rights to the states typically involves four main approaches: the total incorporation approach, which argues that all provisions of the Bill of Rights apply to the states; the selective incorporation approach, which asserts that only certain rights are applicable through the Fourteenth Amendment; the fundamental rights approach, which focuses on rights essential to the notion of liberty; and the "no incorporation" approach, which holds that the Bill of Rights applies solely to the federal government. Each approach reflects differing interpretations of the Constitution and the intentions of the framers.