(law, US) A judicial test as to whether a US state is bound by the United States Bill of Rights in relation to a specific right claimed by the plaintiff, hinging on whether the due process clauses of the Fifth and Fourteenth Amendments to the US Constitution override the immunity which ordinarily applies to states; specifically, the right in question must be "of the very essence of a scheme of ordered liberty" and "deeply rooted in [American] history and tradition" in order to qualify.
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