incorporation
The Fourteenth Amendment, adopted on July 9, 1868(following the Civil War), applied the priciples of the First Amendment and other parts of the Bill of Rights (applicable to Federal government) to State governments.
They claimed that the Fourteenth Amendment did not apply to the South because the territory was no longer part of the United States.
"However, beginning in the early 20th century, the Supreme Court has used the Due Process Clause of the Fourteenth Amendment to apply most of the Bill of Rights to the states through the process and doctrine of selective incorporation." WORKS CITED: http://en.wikipedia.org/wiki/Barron_v._Baltimore
Vermont
The states created the Bill of Rights to limit the FEDERAL government. Later amendments apply some of the Constitution to state and local governments.
The due process clause of the Fourteenth Amendment is used by the courts to apply the Bill of Rights to the states.
Incorporation
State and local governments are required to comply with most provisions in the Bill of Rights due to the incorporation doctrine. This doctrine, established through Supreme Court cases, holds that the protections outlined in the Bill of Rights also apply to state and local governments through the Due Process Clause of the Fourteenth Amendment. Therefore, state and local governments cannot violate citizens' fundamental rights protected by the Bill of Rights.
The due process clause of the Fourteenth Amendment is used by the courts to apply the Bill of Rights to the states.
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.
incorporation
Incorporation
Incorporation
The Fourteenth Amendment, adopted on July 9, 1868(following the Civil War), applied the priciples of the First Amendment and other parts of the Bill of Rights (applicable to Federal government) to State governments.
No, the are not state actors
They claimed that the Fourteenth Amendment did not apply to the South because the territory was no longer part of the United 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.