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Which amendment to the Constitution did the Supreme Court use as the device to apply the First Ten Amendments to the individual states?
Wiki User
∙ 13y ago
The US Supreme Court has used the Fourteenth AmendmentDue Process and Equal Protection Clauses to apply significant portions of the Bill of Rights to the States; however, some parts of the first ten amendments remain unincorporated.
Wiki User
∙ 13y ago
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What does the second amendment control?
The amendments to the Constitution do not control things but grant rights to the people of the United States. The Second Amendment gives individual citizens, according to a recent Supreme Court ruling ( at least at the Federal level ), the right to keep and bear arms.
What court cases caused the Supreme Court to decide to amend the constitution?
The Supreme Court does not have the power to amend the Constitution. Only the process of constitutional amendment outlined in Article V of the Constitution can be used to amend the Constitution. The Court's role is to interpret the Constitution and its amendments, not to amend them.
What law is the supreme law?
All 27 amendments of the U.S. Constitution are considered the "Supreme Laws".
How has the unites states constitution been able to change over the years?
There is an amendment process for changing the Constitution. So far there have been 27 amendments. The Supreme Court can in effect change the Constitution by its decisions. Indeed the changes made by the Supreme Court are often more radical and far-reaching than those made by amendment .
What is supreme laws?
All 27 amendments of the U.S. Constitution are considered the "Supreme Laws".
Which branch of government introduces amendments to the constitution?
the supreme court
What is the purpose of the amendments?
Constitutional amendments allow the congress or people of the united states to override the ruling of the supreme court that the enactment of a law would be unconstitutional. For instance after the supreme court ruled that income tax was unconstitutional it took an amendment to the constitution to be able to enact the tax. They can also be used to change aspects of the constitution, changing the scope, range and assignment of governmental authority or repealing former amendments.
Why can amendments to the Constitution negate Supreme Court decisions?
The Constitution is the Supreme Law of the Land, which all government officials swear to uphold. Supreme Court decisions are subordinate to constitutional amendments, and represent one of the few ways a Supreme Court decision can be changed.
What amendment has the Incorporation Clause?
None of the Amendments to the US Constitution refer to incorporation directly; however, the US Supreme Court has interpreted the Fourteenth Amendment Due Process and Equal Protection Clauses to apply the Bill of Rights to the States (incorporation). For more information, see Related Questions, below.
Who is responsible for passing Constitutional Amendments?
Constitutional amendments become part of the Constitution, and as such they are the law of the land. The supreme court interprets the Constitution including the amendments. Amendments are made by the states and by the states alone, in the sense that no matter where they originate (from some governmental initiative or from the states themselves) they become law ONLY when they are accepted by 3/4 of the states and there are no other requirements. No OK from any federal group or individual is needed, and there is no veto power vested in the president or any other group or individual. If the states say it is so, it is so with no further discussion or debate. The point here is that Congress is perfectly free to debate, pass and submit an amendment for state approval, but the states, according to the provisions of the constitution itself, can make and approve an amendment without the permission or approval of Congress. In this case, the only job that Congress has is to determine if the states are to individually pass a proposed amendment by state legislature, or by specially formed state conventions. This method of constitutional amendment has not yet been used.
Is the first amendment expressly stated in the Constitution or conveyed through Supreme Court decisions?
The First Amendment is expressly stated in the Constitution.
When is the US Supreme Court going to stop the First Amendment?
The US Supreme Court is not going to "stop the First Amendment"; they lack authority to change the Constitution. Article V of the US Constitution explains the formal amendment process.
