Author Question: Identify and explain the various perspectives related to the incorporation controversy. What will ... (Read 76 times)

lunatika · **on:** Aug 17, 2018

Identify and explain the various perspectives related to the incorporation controversy.

What will be an ideal response?

Question 2

List reasons why bright-line decisions may be preferable over case -by-case adjudications and vice-versa. Which do you prefer and why?

What will be an ideal response?

ErinKing · **Reply #1 on:** Aug 17, 2018

Answer to Question 1

Answer: Good answers will vary but should include a discussion of the total incorporation perspective, the selective incorporation, or the fundamental rights perspective, the total incorporation plus perspective, and finally the view that some have that the topic of incorporation deserves a case -by-case consideration.

Answer to Question 2

Answer: Answers will vary but should define bright -line decisions as ones in which the Court hands down a specific rule, ones subject to very little interpretation and (2) decisions requiring case-by-case adjudications in which the decision is based more on the unique facts of the cases. The important part of this question is the stated preference and the reasoning behind it.