 The selective incorporation principle was expanded on further in Palko v. Connecticut ( 1937 ) , where the Court examined whether the right against double jeopardy should be incorporated against the states . In Palko , the Court stated that specific guarantees in the Bill of Rights could be applied to the states if the right was " found to be implicit in the concept of ordered liberty " . Though eight justices agreed that the double jeopardy right was not " implicit in the concept of ordered liberty " , the Palko test has remained the standard for incorporating rights against state and local governments . 
