Question

A resident of Maine is accused of murder and requests a grand jury indictment; however, the Maine legislature has recently passed a law doing away with grand jury trials, even when requested. The defendant is eventually found guilty and appeals his case all the way to the US Supreme Court.

Under selective incorporation, what is the most likely result of this Supreme Court case?

A) The Supreme Court will likely find against the state of Maine because the rights “retained by the people” mentioned in the Ninth Amendment would be applied through the doctrine of selective incorporation.

B) The Supreme Court will likely find in favor of the state of Maine because the 10th Amendment’s guarantee of states’ rights could be applied through selective incorporation.

C) The Supreme Court will likely find in favor of the state of Maine, because the 11th Amendment’s limitation on judicial power could be included in the doctrine of selected incorporation.

D)The Supreme Court will likely find against the state of Maine, since the Fifth Amendment guarantees the right to indictment by a grand jury, and no state may deprive a citizen of this right.

Answer 1

Under the doctrine of selective incorporation, the most likely result of this Supreme Court case between a resident of Maine and the State of Maine is B) The Supreme Court will likely ...

 

The doctrine of selective incorporation allows states to incorporate the Grand Jury trial.  Since Maine does not consider the Grand Jury trial necessary, the state has the backing of the law to end Grand Jury trials.

 

Thus, the Supreme Court will find the case in favor of the state of Maine.

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