Later Supreme Court justices found a way around these limitations without overturning the Slaughterhouse precedent: they created a concept called Selective Incorporation. Under this legal theory, the court used the remaining 14th Amendment protections for equal protection and due process to "incorporate" individual elements of the Bill of Rights against the states . "The test usually articulated for determining fundamentality under the Due Process Clause is that the putative right must be ' implicit in the concept of ordered liberty ', or ' deeply rooted in this Nation's history and tradition. '" Compare page 267 Lutz v. City of York, Pa., 899 F. 2d 255 - United States Court of Appeals, 3rd Circuit, 1990 .
All minorities, or linguistic, can set up their own educational institutions to preserve and develop their own culture. In granting aid to institutions, the State cannot discriminate against any institution on the basis of the fact that it is administered by a minority institution. But the right to administer does not mean that the State cannot interfere in case of maladministration. In a precedent-setting judgement in 1980, the Supreme Court held that the State can certainly take regulatory measures to promote the efficiency and excellence of educational standards. It can also issue guidelines for ensuring the security of the services of the teachers or other employees of the institution. In another landmark judgement delivered on 31 October 2002, the Supreme Court ruled that in case of aided minority institutions offering professional courses, admission could be only through a common entrance test conducted by State or a university. Even an unaided minority institution ought not to ignore the merit of the students for admission.
All of the rights in the Bill of Rights are designed as limits on government. They say what government cannot do, not what it must do. Such limits are known as negative rights, versus the positive rights of requiring government to provide jobs and healthcare. For instance, the First Amendment forbids the government to ban freedom of speech in the public square. It does not say the government has to buy everyone a microphone so they can be heard. Similarly, the Bill of Rights protects freedom of petition so that citizens can lobby their legislatures for better schools, but it does not guarantee the right to public education. But in other countries, and in the United Nations, there are legal mandates for jobs, education, and healthcare. Nonetheless, these mandates are often difficult to enforce.