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Which amendment has allowed the supreme court to start forcing states to follow parts of the bill of rights?
Wiki User
∙ 12y ago
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.
Wiki User
∙ 12y ago
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Who has to follow the precedent in Gideon v Wainwright?
The states have to follow the precedent set in Gideon v. Wainwright, 372 US 335 (1963). The US Supreme Court used the fourteenth Amendment due process clause to incorporate the Sixth Amendment right to counsel to the states. This reversed their earlier decision in Betts v Brady.
Does the doctrine of stare decisis require the Florida Supreme Court to follow a precedent set by the Georgia Supreme Court?
No. The states are required to follow their ownstate statutes and constitutions, which are unique to each state.The doctrine of stare decisis would strongly encourage both Georgia and Florida to follow US Supreme Court decisions on questions of federal and constitutional law, with the exception of cases involving unincorporated constitutional Amendments. Unincorporated Amendments and clauses are those portions of the Bill of Rights that have not (yet) been held to apply to the states under the Fourteenth Amendment Due Process Clause, such as the Second Amendment (right to bear arms). Issues involving unincorporated Amendments are regulated by the states.
Can the Supreme Court cite the Preamble instead of an amendment as the primary basis for the constitutionality of a law?
No. It does not in itself have legal meaning. At the time it was written, the preamble was an introductory statement for what was to follow. It states the purposes for which the United States Constitution was written.
How does the first amendment affect American citizens?
they therefore had to follow that law
Can a team forcing a follow on in test cricket bat again?
Yes they can if the opposing team hangs on to the target
What amendment Due process means that the government will follow a course of action that is in accordance with established rules of law?
The Fifth Amendment applies to the due process clause. This amendment was one of the reconstruction amendments that was adopted on July 9, 1868.
Which amendment outlaws the use of torure?
No amendments address torture, but it is part of the Geneva convention and considered a rule that all should have and follow.
Should the US Supreme Court ban guns?
Absolutely not! For one, bad guys do not follow the law, and will smuggle in guns. When they do that, the law-abiding citizens will have nothing to defend themselves with. Also, the job of the supreme court is to interpret the constitution. The 2nd amendment says, "A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed." If the supreme court banned guns, that would be doing the thing it is not supposed to be doing.More information:The US Supreme Court upheld the Second Amendment right to bear arms in District of Columbia v. Heller, (2008) and McDonald v. Chicago, (2010). The McDonald ruling incorporated the Second Amendment to the states, ensuring states cannot pass overly restrictive laws regarding gun ownership. Banning guns altogether would be unconstitutional.
What did the Missouri Supreme Court say?
missouri does not have to follow the laws of another state
What does it mean when the supreme court declares a law?
That the law doesn't follow the constitution.
What is the concept in the fourteenth amendment called that forces states to follow bill of rights?
incorporation
How the twelfth amendment helped prevent deadlocks like the one that took place in the election of 1800?
The Twelfth Amendment made the voting process uniform.
