Palko v. Connecticut established that the Fifth Amendment applies to the states how?

Palko v. Connecticut established that the Fifth Amendment applies to the states how?

• A. The Fifth Amendment fully applies to the states.
• B. The Court did not apply the Fifth Amendment to the states, but identified selective incorporation of fundamental liberties.
• C. All rights are automatically applied to the states.
• D. The case held that rights cannot be incorporated.

Answer: (B)

Palko v. Connecticut frames how the Bill of Rights reaches the states through selective incorporation. The Court held that the Fifth Amendment’s protections do not automatically bind state governments. Instead, only those rights that are fundamental to ordered liberty would be safeguarded against state action, a process later understood as selective incorporation. In this case, the Court ruled that the protection against double jeopardy was not incorporated at that time, so the Fifth Amendment did not fully apply to the states. This established the approach of applying rights to the states on a selective, case-by-case basis, rather than all at once, a path that later decisions expanded to include more rights.

Palko v. Connecticut frames how the Bill of Rights reaches the states through selective incorporation. The Court held that the Fifth Amendment’s protections do not automatically bind state governments. Instead, only those rights that are fundamental to ordered liberty would be safeguarded against state action, a process later understood as selective incorporation. In this case, the Court ruled that the protection against double jeopardy was not incorporated at that time, so the Fifth Amendment did not fully apply to the states. This established the approach of applying rights to the states on a selective, case-by-case basis, rather than all at once, a path that later decisions expanded to include more rights.