If the Court decides to recognize a constitutional right to die (a right not currently recognized by the Court and not explicitly in the Bill of Rights) and to require the states to recognize this right, what doctrine of incorporation would this reflect?
A. Total incorporation doctrine
B. Select incorporation doctrine
C. Both a and b
D. None of the above
I think it's D.
Why is it not a selective incorporation?
To determine the correct answer, we need to understand the concepts mentioned in the question.
The doctrine of incorporation refers to the process by which certain provisions of the Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment. This clause states that no state shall deprive any person of life, liberty, or property without due process of law.
Total incorporation doctrine (option A) is an approach where all the rights enumerated in the Bill of Rights are considered to be automatically incorporated and applied to the states without exceptions.
Meanwhile, selective incorporation doctrine (option B) is an approach where the Court selectively incorporates certain rights into the Due Process Clause over time, on a case-by-case basis, as necessary for fundamental fairness.
In this case, since a constitutional right to die is not explicitly mentioned in the Bill of Rights and has not currently been recognized by the Court, it would likely require the Court to selectively incorporate this right through the due process clause. So the correct answer would be B. Select incorporation doctrine.