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Gitlow v. New York

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12y ago
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10y ago

they defended through 14th amendment, and freedom of rights

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Q: How did the supreme court defend the application of the First Amendment to the states?
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Which amendment guaranteed that states can defend themselves?

the 10th


The source of authority cited by the Supreme Court for applying the Bill of Rights to the states is?

the fourteenth amendment to the constitution


Was the abolition of slavery a US Supreme Court decision?

No. Slavery was abolished by the Thirteenth Amendment to the Constitution in a joint effort between Congress and the states that ratified the amendment. A constitutional amendment is more powerful than a US Supreme Court decision, because it is not subject to change by the Supreme Court.


In what case did the Supreme Court refuse to incorporate the Second Amendment to the States via the 14th Amendment?

United States v. Cruikshank, 92 US 542 (1876)The US Supreme Court held the Second Amendment only applied to the Federal government, and that gun regulation was a state's rights issue.


What guarantees a person must be given a chance to defend himself or herself in court?

The Fourteenth Amendment to the United States Constitution guarantees a person is given a chance to defend himself in court. This amendment was ratified on July 9, 1868.


Which amendment has allowed the supreme court to start forcing states to follow parts of the bill of rights?

The US Supreme Court has applied most of the first eight amendments in the Bill of Rights to the States through the doctrine of "selective incorporation" primarily via the Fourteenth Amendment Due Process Clause.


What role did the U.S supreme court play in ending reconstruction?

The Court restricted the scope of the Fourteenth Amendment by leaving its enforcement up to the states.


The Fourteenth Amendment to the Constitution has been interpreted by the Supreme Court to?

make rights contained in the bill of rights applicable to the states.


How does the US Supreme Court typically use the Fourteenth Amendment?

The Supreme Court uses the Fourteenth Amendment Due Process and Equal Protection Clauses to selectively incorporate individual clauses in the Bill of Rights to the states in order to make federal legislation and US Supreme Court decisions enforceable against and within the states. Without the Fourteenth Amendment, Supreme Court decisions would not be enforceable against any body except the federal government. For more information, see Related Questions, below.


Suits against states is what amendment?

The 11th Amendment by its plain language bars suits against states by citizens of other states or foreign citizens, but the Supreme Court in Hans v. Louisiana also construed the 11th Amendment to bar suits against states by its own citizens. That immunity can be waived or abrogated by the state itself or by the federal government in limited situations.


Is there an amendment to the United States Constitution that affects marriage?

Perhaps. The 14th Amendment - the Equal Protection Amendment - might be applicable to strike down laws prohibiting same-sex marriage, but this is something for the US Supreme Court to decide.


Can the US Supreme Court vote on an amendment to the Constitution?

No. The Judicial Branch, headed by the US Supreme Court, is excluded from the constitutional amendment process. If the Court had the right to shape the Constitution and interpret its meaning, they would have too much power.Article V of the Constitution provides for the document's amendment by a joint venture between Congress and the States.