Considering that the Bill of Rights was designed as a series of limitations on the federal government, does it make sense that many of the same limitations have been applied to all states by the United States Supreme Court?

Question

Take a position and defend it.

Answer 1

Answers should include a discussion of the various incorporation arguments, including thetotal 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-caseconsideration. The important aspect of this question is the position taken and the analytical support given to the answer. Which incorporation perspective makes the best sense to the writer, and why? Poor answers will merely recite definitions and have minimal analysis.