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The practice of selective incorporation means that the Bill of Rights will A. always be applied to the states by the Court.
B. never be applied to the states by the Court.
C. sometimes be applied to the Court by the states.
D. sometimes be applied to the states by the Court.
The correct answer is: D. sometimes be applied to the states by the Court.
Selective incorporation refers to the judicial doctrine whereby certain rights and freedoms outlined in the Bill of Rights are applied to the states through the Fourteenth Amendment’s Due Process Clause. This means the rights are not applied uniformly; rather, the Supreme Court determines on a case-by-case basis which rights are fundamental and therefore applicable to the states.