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Selective Incorporation Through the Fourteenth Amendment
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AP U.S. Government
APG.115 Selective Incorporation Through the Fourteenth Amendment
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Which argument would be weakest in a brief supporting incorporation of a Bill of Rights protection against a state?
A
The claim identifies a specific protection in the Bill of Rights.
B
The state should lose because every provision of the Bill of Rights automatically applied to the states in 1791.
C
Supreme Court precedent applies the protection to states through the Fourteenth Amendment Due Process Clause.
D
The challenged policy is state action rather than purely private conduct.
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