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Which Bill of Rights protection has not been incorporated into the Fourteenth Amendment so that it applies to the states?
Drecartellrosegp2043
Verified answer
the right to have felony cases heard by grand jury
Wiki User
∙ 7y ago
Anonymous
Alexandria
Jerry Jimmy
Joey Muniz
protection against excessive bail was the right answer to mine
Kristina M
GamingWitKeven
GamingWitKeven
coco
morkus
c The right to a jury trial in noncriminal cases
Everymagican 22
coco
the right to have felony cases heard by grand jury
What part of the Constitution provides the foundation for the incorporation doctrine that applies the Bill of Rights to the states?
The foundation of the incorporation doctrine is the Fourteenth Amendment. The US Supreme Court has used the Due Process Clause and Equal Protection Clause to apply individual clauses of the Bill of Rights to the States.
How has the US Supreme Court ensured that states do not deny basic rights to the people?
The US Supreme Court has incorporated much of the Bill of Rights to the states via the Fourteenth Amendment. While this doesn't quite ensure states respect individuals' US Constitutional rights, it does give people a legal right to fight unconstitutional state laws and policies if or when they're enacted.
What amendment gives you the right to an impartial jury?
The 6th, 7th, and 14th Amendments all concern the right to trial by jury. But the 6th is the primary focus of the criminal justice system as it applies in the US. The 7th applies to civil trials and the 14th to Due Process. Only the 7th has not been applied scrupulously to state laws. (see related question)
What term applies to an amendment that is removed by another amendment?
repealed
How does the due process clause in the Fourteenth Amendment differ from the due process clause in the Fifth Amendment?
the clause in the fourteenth amendment has been interpreted to mean that state government must provide some of the protections in the bill of rights
You are an attorney. Your client, who is in prison, says the government is violating her Fourteenth Amendment rights. What do you do?
If your client is claiming that the government is violating her Fourteenth Amendment rights, you would begin by researching her case to see if the Fourteenth Amendment applies. If it does not apply, you would explain to your client that the Fourteenth Amendment does not apply to her because she is a naturalized citizen rather than a U.S. citizen from birth. If the Fourteenth Amendment does apply, you would file a motion for a mistrial based on violation of the Constitution.
Has the Fifth amendment review right to grand jury been incorporated?
Generally speaking, the Fifth Amendment guarantee that "[n]o person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury" has NOT been incorporated by the Fourteenth Amendment. In other words, this provision of the Fifth Amendment only applies to prosecution conducted by the federal government. It does not apply to persons prosecuted by a state or local government.
Does the first Amendment protection applies only to matters of public concern?
treuy
What amendment makes the Bill of Rights applicable to the States?
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.
Does the Fourteenth Amendment apply to discriminatory action?
Yes it does by prohibiting the states from denying any person within its jurisdiction the equal protection of the law. The pertinent text in the first paragraph of the Fourteenth Amendment makes this abundantly clear: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. See the Related Link for the entire text.
What part of the Constitution provides the foundation for the incorporation doctrine that applies the Bill of Rights to the states?
The foundation of the incorporation doctrine is the Fourteenth Amendment. The US Supreme Court has used the Due Process Clause and Equal Protection Clause to apply individual clauses of the Bill of Rights to the States.
What could the US Supreme Court have done with the incorporation doctrine?
Yes, the US Supreme Court has used selective incorporation to apply the Bill of Rights to the states via the Fourteenth Amendment Equal Protection and Due Process Clauses, as such application became relevant. The First, Second, Fourth and Sixth Amendments are fully incorporated; the Fifth is mostly incorporated; the Eighth is partially incorporated; the Third is incorporated only in the Second Circuit; the Seventh is currently unincorporated.If the Court didn't support incorporation the Bill of Rights would have become applicable to the states all at once, or not at all.For more information, see Related Questions, below.
How has the US Supreme Court ensured that states do not deny basic rights to the people?
The US Supreme Court has incorporated much of the Bill of Rights to the states via the Fourteenth Amendment. While this doesn't quite ensure states respect individuals' US Constitutional rights, it does give people a legal right to fight unconstitutional state laws and policies if or when they're enacted.
When were the thirteenth fourteenth and fifteenth Amendments to the Constitution passed?
These are called the reconstruction Ammendments. Reconstruction Amendments The Reconstruction Amendments were all passed after the Civil War. They attempted to protect the rights of African Americans, who had been treated as slaves during and before the Civil War. Thirteenth Amendment This amendment abolishes slavery in all parts of the United States. Fourteenth Amendment This amendment applies citizenship to anyone born or naturalized in the United States, granting them due process and equal protection of the law. Fifteenth Amendment This amendment protects citizens from being denied the right to vote on grounds of race, color, or previous servitude.
Which amendment protects fredom of speech?
Freedom of speech is addressed in the First Amendment to the Constitution:Amendment I"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."The Fourteenth Amendment Equal Protection Clause applies the First Amendment to the States (they cannot make unconstitutional laws infringing free speech).Please note that this freedom is not absolute; the government can impose some limited restrictions on free speech for the safety of individuals or the community.For more information, see Related Questions, below.
Which amendment applies to the National Guard?
Amendment 2
What amendment gives you the right to an impartial jury?
The 6th, 7th, and 14th Amendments all concern the right to trial by jury. But the 6th is the primary focus of the criminal justice system as it applies in the US. The 7th applies to civil trials and the 14th to Due Process. Only the 7th has not been applied scrupulously to state laws. (see related question)
