Which part of the Constitution includes the Bill of Rights?

Answer 1

Incorporation of the Bill of Rights is the process in the Unites States by which courts have applied parts of the Bill of Rights to the states. It applied only to the Federal Government before 1925.

Here is the list of constitutional provisions that havebeen incorporated and applied to the states, the cases that incorporated them, and the years in which they were incorporated by the Court:

First Amendment

Freedom of Speech & Press: Gitlow v. New York(1925)

Freedom of Assembly: DeJonge v. Oregon (1937)

Freedom of Petition: Hague v. CIO (1939)

Free Exercise of Religion: Cantwell v. Connecticut(1940)

Establishment of Religion: Everson v. Board of Education(1947)

Second Amendment

Right to Keep & Bear Arms: McDonald v. Chicago(2010)

Fourth Amendment

Unreasonable Search & Seizure: Wolf v. Colorado(1949)

Exclusionary Rule: Mapp v. Ohio (1961)

Fifth Amendment

Payment of Compensation for Chicago, Burlington and Quincy

the Taking of Private Property: Railroad Company v. Chicago (1897)

Right Against Self-Incrimination: Malloy v. Hogan(1964)

Right Against Double Jeopardy: Benton v. Maryland(1969)

When Double Jeopardy Attaches: Crist v. Bretz (1978)

Sixth Amendment

Right to Public Trial: In re Oliver (1948)

Right to Due Notice: Cole v. Arkansas (1948)

Right to Counsel (felonies): Gideon v. Wainwright(1963)

Confrontation &

Cross-Examination of Adverse

Witnesses: Pointer v. Texas (1965)

Right to Speedy Trial: Klopfer v. North Carolina(1967)

Compulsory Process to

Obtain Witnesses: Washington v. Texas (1967)

Right to Jury Trial

(In Criminal Cases): Duncan v. Louisiana (1968)

Right to Counsel

(Misdemeanor When

Jail is Possible): Argersinger v. Hamlin (1972)

Eight Amendment

Cruel & Unusual Punishment: Louisiana ex rel. Francis v. Resweber (1947)

Ninth Amendment

*Right to Privacy: Griswold v. Connecticut (1965)

*The word privacy does not appear in the Ninth Amendment (nor anywhere in the text of the Constitution). In Griswold, several members of the Court viewed the Ninth Amendment as guaranteeing (and incorporating) that right. Justice Douglas, writing the opinion of the Court in Griswold, and agreed to by seven other justices, stated that the right to privacy exists outside the enumerations of the Constitution and Bill of Rights. Justice Douglas also created the penumbra theory of the right to privacy. The right to privacy was "created by several fundamental constitutional guarantees" which came together to show that privacy was, perhaps, inherent. (see Douglas, J., Opinion of the Court, Griswold v. Connecticut, 381 U.S. 479 (1965).

Answer 2

The first ten amendments of the Constitution constitute the Bill of Rights.

Answer 3

The first 10 Amendments of the Constitution comprise the Bill of Rights.