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What amendment makes the Bill of Rights applicable to the States?
Wiki User
∙ 11y ago
The Fourteenth Amendment has been used to selectively incorporate the Bill of Rights to the states, most frequently via the Due Process Clause, although the Equal Protection Clause has also been used. An earlier Supreme Court decision prevented the Bill of Rights from being applied to the states via the Privileges and Immunities Clause.
Wiki User
∙ 13y ago
Wiki User
∙ 12y agoPrimarily the Fourteenth Amendment Due Process Clause
The first attempt to incorporate the Bill of Rights to the states was based on the Fourteenth Amendment Powers of Congressional Enforcement (Section 5), followed by an attempt at using the Privileges and Immunities Clause. When these failed, the Court adopted selective incorporation to apply the Bill of Rights via Fourteenth Amendment Due Process and Equal Protection Clauses.
Wiki User
∙ 9y agoThe ratification of the Fourteenth (14th) Amendment to the Constitution of the United States of America and the development of the incorporation doctrine extended the Bill of Rights to the state and local level. The first eight amendments (Amendments 9 and 10 being patently connected to the powers of the federal government alone) have been selectively incorporated against the states; however, the Supreme Court has yet to apply total incorporation.
Wiki User
∙ 15y agoThe 14th Amendment that gives the states rights to extend provisions under the national Bill of Rights.
Wiki User
∙ 9y agoThe 10th amendment to the United States Constitution applies the Bill of Rights to the states. The amendment is a guarantee to all US citizens.
Wiki User
∙ 10y agoFourth Ammendment
Wiki User
∙ 11y agoAmendment XIV
Wiki User
∙ 12y ago14th
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Reflection on the rights and freedoms guaranteed to you as a person by the Bill of Rights?
Admittedly, everyone has an opinion and as a general rule, it is important to consider the opinions of others. Having said that, it is equally advisable not to accept the opinion of one who is not an authority on the subject. As an authority on the subject, I can tell you unequivocally that the idea that the Constitution of the United States protects American Citizens much more than it does those who are not citizens is one of the most widely pervasive myths currently circulating. The Constitution does extend certain benefits to citizens. For instance, Article II, Section 1, paragraph 5 provides, inter alia, that "[n]o Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President ..." I cite this particular provision because it provides important definitional context. On its face, this paragraph states, with an exception for those who were Citizens at the time of the adoption of the Constitution, that only natural born Citizens are eligible to become President. However, note the use of the word "Person" as well as the use of the word "Citizen." Definitionally speaking, a Citizen is a sub set of a Person. In other words, not all Persons are Citizens, but all Citizens are Persons. Now, read the entire Bill of Rights and count how many times the words Citizen, Person, or the people is used. Ist Amendment "... the people ..." Once. IInd Amendment "... the people ..." Once. IIIrd Amendment "... the Owner ..." Once. IVth Amendment "... the people ... the persons ..." Once each. Vth Amendment "... person ..." Twice. VIth Amendment "... the accused ..." Once. VIIth Amendment None. VIIIth Amendment None. IXth Amendment "... the people ..." Once. Xth Amendment "... the people." Once. Within the Bill of Rights, some variation of the word "person" appears eight times. The word "the Owner" and the word "the accused" each appear once. However, the word "Citizen" does not appear a single time in the entire Bill of Rights. In contrast and as I noted above, the words "Person" and "Citizen" were used in Article II, Section I, paragraph 5. This fact shows that the framers distinguished between these two words. Moreover, the framers used the word "Citizen" specifically when they wanted to limit a particular benefit to only Citizens. The power derived from a written constitution is lasting, in part, because it is in fact written. Words have specific meanings and we must always presume that the use of each specific word was intentional. With regard to the Constitution of the United States of America, a plain reading makes it clear that the specific use of the words "the Owner", "the accused", "Citizen" and "person" or some variation thereof, was wholly intentional. In order to honor the framers of the Constitution, and in order to preserve what they created, we must give force and effect to each and every word within the Constitution. In other words, the rights guaranteed within the Bill of Rights are guaranteed to persons, to the accused, and to the Owner regardless of whether they are American Citizens.To view a transcript of the Preamble as well as Articles I through VII, a transcript of the 1st through the 10th Amendments, also known as the Bill of Rights, and a transcript of the 11th through the 27th Amendments, access the links under Related Links, below.The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.----
What is the 13th amendment?
The Thirteenth Amendment to the United States Constitution officially abolished and continues to prohibit slavery, plus (with limited exceptions, such as those convicted of a crime) prohibits involuntary servitude. Prior to its ratification, slavery remained legal only in Delaware and Kentucky; everywhere else in the USA slaves had been freed by state action and the federal government's Emancipation Proclamation. Abraham Lincoln (who had issued the Emancipation Proclamation) and others were concerned that the Emancipation Proclamation would be seen as a temporary war measure, and so, besides freeing slaves in those two states where slavery was still legal, they supported the Amendment as a means to guarantee the permanent abolition of slavery. The amendment was originally co-authored and sponsored by Congressmen James Mitchell Ashley (Republican, Ohio) and James Falconer Wilson (Republican, Iowa) and Senator John B. Henderson (Democrat, Missouri). It was followed by the other Reconstruction Amendments, the Fourteenth (intended to protect the civil rights of former slaves) and Fifteenth (which banned racial restrictions on voting).The Thirteenth Amendment makes slavery unconstitutional and thus illegal and gives Congress the power to enforce this mandate. It reads in part,"Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."
Which branch of government sets rules for the government and protects rights and freedom of the citizens?
The branch of legislative is the branch that makes the laws. The one that protects rights and freedoms of the citizens aren't in one of the branches, but it is called the Bill of Rights. (It has nothing to do with money)
What traits makes a person ineligible to vote in many states?
convicted of a felony
Which amendment prohibited individuals who had fought for the south in the civil war from serving in government?
Section three of the 14th Amendment to the US Constitution addresses the issue of former Confederates holding public office. It also makes provision for the lifting of this sanction by a two thirds yes vote by both houses of congress. The wording is somewhat vague and would seem to leave room for the common ex- Confederate soldiers that had not previously taken an oath of loyalty to the US in federal or state government or the military, to hold a political office. It does not apply to high ranking officials such as Jefferson Davis, Robert E. Lee and other men of high station in the Southern ranks. These individuals could only receive pardon or amnesty from the President of the United States. Although the wording is not completely clear; it at no point mentions the Confederacy; it is worded in such a manner that it is applicable to situations that may arise far beyond the 19th century. Below is an excellent link to find the Constitution and this amendment.
Which amendment says you do not need to say anything to incriminate yourself?
The Fifth Amendment == The Fifth Amendment which the Fourteenth Amendment makes applicable to State and local governments.
Which provision of the Bill of Rights has not been nationalized?
What I think you mean is which parts have been made applicable to the states; the Bill of Rights was always applicable to the National Government.The following are the earliest U.S. Supreme Court cases declaring the specific sections of the Bill of Rights to be applicable to the States, and the year (in parenthesis) that the court decided the case.First Amendment - Gitlow v. New York, 268 U.S. 652 (1925)Second Amendment - McDonald v. Chicago, 561 U.S. ___, 130 S.Ct. 3020 (2010)The Supreme Court has never heard a case involving the third AmendmentFourth Amenment - Mapp v. Ohio, 367 U.S. 643 (1961)Fifth Amendment - Hurtado v. California, 110 U.S. 516 (1884)Sixth Amendment - In re Oliver, 333 U.S. 257 (1948)Seventh Amendment - The Justices v. Murray, 76 U.S. 9 Wall. 274 (1869)Eighth Amendment - Robinson v. California, 370 U.S. 660 (1962)The Ninth Amendment originally applied to the states as it makes that which isn't granted to the federal government a states right or a right of the people.The Tenth Amendment originally applied to the states as it gives each state immunity from being sued in other courts, with some exceptions.
What amendment is concerned with the defendants right to a jury trial?
The Fourth, Fifth, Sixth and Eighth Amendments of the US Constitution deal specifically with rights of a defendant accused of a crime. The Fourteenth Amendment indirectly deals with such rights because it makes some but not all of the rights in the above amendments applicable to the states.
How did the states rights impact the civil war?
States rights was a narrative and an ideology that many Americans as well as the US Supreme Court held. Since the Court ruled that slavery was legal in 1857, Southerners were satisfied that the Court understood "states rights". For states rights supporters, the claim was that the individual states created the Federal government, that government was tilted against them in states rights issues. This argument exists to this day, but not over slavery or tariffs. New issues, such as same sex marriages are claimed to NOT be a violation of the 14th amendment, passed in post civil war days, and the leaders who passed that amendment would be shocked that the Supreme Court could rule that the 14th amendment, holding that "equal and due process" refers to marriage.This writer uses this as an illustration and makes no value judgments.
What is in the US Constitution that makes sure that Americans Rights and Freedoms are recognized and preserved?
the fifth amendment
What is the third amendment of the constitution?
The Third Amendment (Amendment III) to the United States Constitution is a part of the United States Bill of Rights. It was introduced on September 5, 1789, and then three quarters of the states ratified this as well as 9 other amendments on December 15, 1791. It prohibits, in peacetime, the quartering of soldiers in private homes without the owner's consent. It makes quartering legally permissible in wartime only, and then only according to law.
What do amendment 15 states?
your question makes no sense but if you mean what does the 15th amendment state, here: The rights belonging to an individual by virtue of citizenship, especially the fundamental freedoms and privileges guaranteed by the 13th and 14th Amendments to the U.S. Constitution and by subsequent acts of Congress, including civil liberties, due process, equal protection of the laws, and freedom from discrimination.Read more:civil-rights
Which amendment guarantees due process and equal protection of the laws?
The 14th Amendment established due process and equal protection under the law. It also makes the rights in the constitution guaranteed in state matters.
How does the tenth amendment balance power between national and state government?
The tenth amendment makes it clear that any powers not either delegated to the federal government or prohibited to the states belong to the states of people
The ninth amendment makes clear that the rights brought out in the bill of rights are the only rights citizens of the us have?
The ninth amendment says basically that just because something isn't mentioned doesn't mean it isn't a right. For instance, the right to privacy is not in the constitution but it is cited under the 9th amendment as something that is understood. to summarize "just because we forget a certain right doesn't mean you don't have it"
What amendment deals with the rights of an accused person?
The 6th amendment is generally thought of as the one guaranteeing a "fair trial", but actually it is a combination of the Fifth, Sixth and Fourteenth Amendments that fully guarantees it, because together they guarantee specific rights that are components of the trial process. The 5th amendment guarantees the right to be charged in an indictment, the right not to be tried twice for the same crime, the right not to be forced to incriminate one's self, nor be deprived of life, liberty or property without due process. It would be hardly "fair" for the government to have no witnesses but just put the defendant on the witness stand and force him to testify against himself. The 6th amendment is more to the point. It guarantees a right to speedy and public trial by an impartial jury, to be informed of the nature of the charges, to be confronted with the witnesses, to have compulsory process for getting witnesses and to have counsel. Note that there is no guarantee of a jury of 12 persons who are the peers of the defendant. Nor of unanimity of the verdict. The Fourteenth Amendment makes these amendments applicable to the states. The Bill of Rights ws originally applicable onlt to the federal government, not the states. But the vast majority of criminal trials are in state courts. The 6th amendment would be pretty hollow if it did not apply to the states.
From which amendment do the Miranda rights come?
The 5th and 6th amendments both deal with the Miranda rights. The 5th amendment, protection from self-incrimination, is the right to remain silent. The 6th amendment addresses the right to an attorney.
