Under some circumstances a judge may constitutionality speak to a jury about the defendant's ...

TRUE Carter v. Ky. (1978); Lakeside v. Ore. (1978)

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FALSE

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supermax

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The Bill of Rights, consisting of the first ten amendments to the U.S. Constitution, places limitations on the powers of the federal government. It does not limit the power of the states,
however. In other words, the first ten amendments place no limitations on state and local governments and their agencies. Government power at the state and local levels is clearly limited
by state constitutions. Incorporation includes the Fourteenth Amendment's due process clause, which holds that no state shall deprive any person of life, liberty, or property, without due process of law, to make certain protections specified in the Bill of Rights applicable to the states. The extent to which the Fourteenth Amendment should regulate state and local government power has been the subject of some disagreementhence, the incorporation controversy.

There are four leading views on the incorporation debate. The total incorporation view holds that the Fourteenth Amendment's due process clause incorporates the entire Bill of Rights. Some believe that incorporation should be decided case by case. This means that the facts and circumstances of each individual case should be weighed in order to determine if any protections listed in the Bill of Rights should apply at the state or local level.

Another view on incorporation is often referred to as total incorporation plus. This view holds that the Fourteenth Amendment's due process clause incorporates the whole Bill of Rights as well as additional rights not specified in the Constitution, such as the right to privacy. The second leading view on incorporation is that of selective incorporation, or the fundamental rights view. It favors incorporation of certain protections enumerated in the Bill of Rights, not all of them.

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