Question

in the case twining v. new jersey (1908), the supreme court held that the fifth amendments protection against self - incrimination is not applicable to the states. in 1964 the supreme court overruled the decision in malloy v. hogan (1964) and held that the right was incorporated to the states. this scenario illustrates which of the following? a the supreme court oftentimes overrules lower court decisions. b constitutional amendments can be used to overturn previous supreme court decisions. c the executive branch can sometimes evade supreme court decisions. d ideological changes to the supreme court can lead to the overturning of precedent.

Explanation:

The scenario shows the Supreme Court overruling its own earlier precedent (Twining v. New Jersey) in Malloy v. Hogan. Option A is incorrect because the case involves the Court overruling its own decision, not a lower court's. Option B is incorrect because no constitutional amendment was used to overturn the prior ruling; the Court reinterpreted existing constitutional law. Option C is incorrect as there is no involvement of the executive branch here. Option D is correct because shifts in the Court's ideological makeup or judicial philosophy can lead to reversing past precedents, which matches the given scenario.

Answer:

D. Ideological changes to the Supreme Court can lead to the overturning of precedent.