What does the Palko test determine?

The Palko test, derived from the Supreme Court case Palko v. Connecticut (1937), focuses on the concept of selective incorporation, which refers to how certain rights in the Bill of Rights are applied to the states through the Fourteenth Amendment’s Due Process Clause. The test was articulated to determine which fundamental rights are so essential to the notion of "ordered liberty" that they must be upheld by the states. It established a criteria whereby rights that are considered fundamental—those necessary for the country's notion of justice—are applied to the states. As a result, the correct answer identifies that the Palko test specifically addresses the rights that must be upheld by states to maintain the essence of American democracy and ensure that individuals possess fundamental protections against state infringement. This is foundational in the context of federalism and the relationship between state and federal power regarding individual rights.