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What clause of the Foureenth Amendment was the vehicle for incorporation of rights against the states?
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What clause of the Fourteenth Amendment was the vehicle for incorporation of rights against the states?
The Fourteenth Amendment Due Process and Equal Protection Clauses have both been used, but the Due Process Clause is the one most often associated with incorporation.Please note: Under the doctrine of selective incorporation, only the First, Second, Fourth and Sixth Amendments have been fully incorporated; the Fifth Amendment is mostly incorporated; The Third and Eighth Amendments are partially incorporated; the Seventh Amendment is unincorporated. The Ninth and Tenth Amendments, while considered part of the Bill of Rights, are not amenable to the process.For more information, see Related Questions, below.
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The first ten amendments to the US Constitution are collectively called the Bill of Rights, because they deal with individual rights and freedoms that can not be abrogated by the government. These were added as a compromise between the Federalists and Anti-Federalists for ratification of the Constitution.They are not there to safeguard the rights of an individual but to restrict Congress and the government. Citizens must be forever vigilant to protect their rights. When a government vehicle wrecked a man's car, the government offered to pay less than the car was worth. The man had to be vigilant and fight to get fair value. In a dictatorship, the governments first offer is what you get.Among their provisions:the freedoms of speech, press, religion, and the right to assemble peacefully, protest and demand changes (First Amendment)the right to bear arms (Second Amendment)Protection against quartering of soldiers (Third Amendment)the protection against unreasonable searches, seizures of property and arrest (Fourth Amendment)due process of law in all criminal cases (Fifth Amendment)the right to a fair and speedy trial (Sixth Amendment)The right to trial by jury (Seventh Amendment)the protection against cruel and unusual punishment (Eighth Amendment)Construction of constitution (ninth amendment)the provision that the people/states retain additional rights not listed in the Constitution (Tenth Amendment).the bill of rights
