13 Jun 4.2.3 PRACTICE: ARGUMENTS OVER INCORPORATION
For this assignment, you will study two differing opinions from Supreme Court justices on the subject of incorporation.
To get the best grade possible, follow the instructions in the assignment closely and answer all questions completely. This assignment is worth 10 points.
Begin your assignment by reading about the incorporation debate. Then, read the excerpts from the opinions by Justices Black and Frankfurter. When you’re done, answer the following questions. This section is worth 5 points.
1. Briefly describe the main question of incorporation and explain what the Supreme Court justices disagreed on. (2 points)
2. After reading the excerpts from the opinions by Justices Black and Frankfurter, compare the two opinions by filling in the chart. (3 points)
Justice giving the opinion Type of incorporation preferred Argument against other approach to incorporation Cite a phrase from the opinion expressing the benefit of the justice’s preferred approach.
Black
Frankfurter
1. Think about how state laws would be affected if the entire Bill of Rights were incorporated. Would someone who felt that states should have the freedom to make their own laws support total incorporation or selective incorporation? Why? (1 point)
2. Would someone who was concerned that citizens’ rights were being attacked support total incorporation or selective incorporation? Why? (1 point)
3. According to Justice Hugo Black, the Bill of Rights is a basic guarantee that people will not lose their liberty. What danger did Black think government might pose to liberty? (1 point)
4. According to Justice Felix Frankfurter, one problem with incorporation was that opinions varied about which rights were most important. How did Frankfurter suggest the Court could solve this problem? (1 point)
5. Which opinion do you agree with more — Black’s or Frankfurter’s? Why do you think that opinion was a better interpretation of the Fourteenth Amendment? (1 point)
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