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The process of using the Fourteenth Amendment to apply the Bill of Rights to the states is called .?
incorporation
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TaigaThe process of using the Fourteenth Amendment to apply the Bill of Rights to state governments is called "incorporation." The process the US Supreme Court has chosen to follow is called "selective incorporation," because the Bill of Rights is being applied to the states on Clause or Amendment at a time.
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"Incorporation," occurs by way of a decision of the Supreme Court of the United States. The 14th Amendment (among others) was ratified after the Civil War, and was intended to give constitutional muster to the reconstruction the American south. The "due process" clause of that Amendment provides that no person shall be denied due process of the laws of the United States. The Bill of Rights is among the laws of the United States.
Seen from this point of view, it would make sense to argue that all of the first ten Amendments was "incorporated" to the states upon ratification of the 14th Amendment. In fact, Justices Black and Douglass repeatedly made this argument. But for various reasons, that is not the approach the majority of the Court has taken. Rather, the Court has taken a step-by-step approach to incorporating the Bill of Rights. Today, most of the rights are incorporated (e.g., the First, Fourth, Fifth, and Sixth Amendments, and part of the Eighth Amendment). The Second Amendment was incorporated as a result of the Supreme Court's decision in McDonald v. City of Chicago, (2010); the Seventh Amendment remains unincorporated, and the Third Amendment only applies to states within one circuit.
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What principle of incorporation does the US Supreme Court use?
The US Supreme Court uses "Selective Incorporation" to apply individual clauses within the Bill of Rights to the States via the Fourteenth Amendment Due Process or Equal Protection Clauses.Some historians hold that the 14th Amendment required states to adhere to the Bill of Rights, in toto, while others claim the individual amendments were designed to be incorporated selectively.Total or Mechanical Incorporation (sometimes also called complete incorporation), the method championed by Justice Hugo Black, would have used the Fourteenth Amendment to apply the entire Bill of Rights to the States at one time. The US Supreme Court has chosen to use "selective incorporation," however. The principle of selective incorporation upholds or rejects as inapplicable individual clauses within each Amendment when they are considered relevant to a case before the Court.For more information, see Related Questions, below.
What process was used to make the bill of rights applicable to the states?
The states must obey the bill of rights since they are part of the Constitution which is the federal law and above any other law (state, local). Some of the amendments in the Bill of Rights even directly affect the states. Like Amendment 10, which says that anything the government did not make a law for, the state can do that for their own state. Like speed limits.
Which two Constitutional amendments protect civil rights?
Here are all 10 of the amendments; Freedom of Speech, Right to keep and bear arms, Conditions for quarters of soldiers, Right of search and seizure regulated, Provisions concerning prosecution, Right to a speedy trial, witnesses, etc., Right to trial by jury, Excessive bail, cruel punishment, Rule of construction of Constitution, and Rights of the States under Constitution.
What were the first 10 amendments to the US constitution called?
The first ten Amendments were ratified together, reaching ratification by three-quarters of the States then comprising the Union, on December 15, 1791. Previously, Amendments I-X were considered the "Bill of Rights". Modernly, the Bill of Rights is considered only Amendments I-VIII, because only these Amendments describe individual rights. Amendment IX and Amendment X refer to collective, residual rights reserved to the People and to the States.
Which theory of incorporation holds that the fourteenth amendment applied to the entire bill of rights to the states?
Total or Mechanical Incorporation (sometimes also called complete incorporation), which was championed by Justice Hugo Black. The US Supreme Court uses "selective incorporation," however.For more information, see Related Questions, below.
