Background information

Question 1

What is the Supervisory Power?

Answer 1

The Supreme Court of the United States can place rules on all federal courts because they are at the top of the chain. This only applies to federal courts, not state courts.

Question 2

What is the total incorporation theory?

Answer 2

Due process of law under the 14th amendment means that all have the rights of the bill of rights apply to every person against the state and the federal government.

Question 3

What is the Fundamental Fairness Theory?

Answer 3

None of the Bill of rights applies to the people against the states. The state could adopt them, but they cannot be forced on them.

Question 4

What is Selective Incorporation?

Answer 4

The justices could pick off individual rights in the Bill of Rights to apply for the people against the states. This has now applied 13 of 14 rights incorporated.