Which of the following statements best describes the doctrine of selective incorporation?
A. All rights contained in the Bill of Rights are incorporated by the Fourteenth Amendment and applicable against the states.
B. All rights deemed fundamental and essential to an ordered liberty are incorporated by the Fourteenth Amendment and applicable against the states.
C. Only those rights recognized under the Fifth Amendment’s Due Process Clause are incorporated by the Fourteenth Amendment and applicable against the states.
D. Only those rights recognized as fundamental at the time the Fourteenth Amendment was adopted are incorporated and applicable against the states.
Answer: B
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