Answer: Palko involved restricting incorporation of the Bill of Rights on the state level. In contrast, Duncan resulted in an expansion of incorporation when the conviction was overturned due to the lack of a jury trial. States could limit these rights without violating the Fourteenth Amendment. Over the next seventy-five years, the Court's use of the Fourteenth Amendment increased. It used the Due Process clause to strike down many state laws and incorporate parts of the Bill of Rights.
Palko involved restricting the incorporation of the Bill of Rights at the state level. In contrast, Duncan resulted in an expansion of incorporation when the conviction was overturned due to the lack of a jury trial.
