How have other judges and legal scholars challenged the conclusions and arguments of the anti-incorporationists, and what competing theories of the due process clause did they offer as alternatives to the theory advocated by the anti-incorporationists?

Need Help With your assignment? Get expert academic writing assistance! We can write any paper on any subject within the tightest time.

Hire A Writer

Over the course of U.S. history, judges and legal scholars have argued that the due process clauses of the Fifth and Fourteenth Amendments guarantee constitutional rights and liberties that are essential to a person’s right to be treated with fundamental fairness by the national government (Fifth Amendment) and state governments (Fourteenth Amendment). Some of these judges and scholars, however, reject the idea that the due process clause of the Fourteenth Amendment “incorporates” any of the Bill of Rights, making them directly applicable to the states. Rather, they believe that the rights and liberties found in the first ten amendments are applicable to only the national government, and that any rights applicable to the states through the due process clause of the Fourteenth Amendment are separate and distinct rights. What arguments have been made by these “anti-incorporationist” scholars and judges to justify their conclusions regarding incorporation and the meaning of the due process clauses of the Fifth and Fourteenth Amendments? How have other judges and legal scholars challenged the conclusions and arguments of the anti-incorporationists, and what competing theories of the due process clause did they offer as alternatives to the theory advocated by the anti-incorporationists? Fully explain all parts of your answer.

Need Help With your assignment? Get expert academic writing assistance! We can write any paper on any subject within the tightest time.

Hire A Writer

Place this order or similar order and get exceptional paper written by our team of experts at an affordable price

Leave a Reply