Introduction to American Court System
Unit 3 IP
American Intercontinental University
Does Bill of Rights Apply to the States?
The Bill of right existed to limit the power of the federal government and it did not apply to the states before the 1890’s. (Democratic Underground, 2012).
Between the 1890s and 2010 The Supreme Court decided that the 14th Amendment extended a variety of rights secured against the federal government against state and local government also. This Incorporation Doctrine was not sweeping. It was a glacial, case by case process. Freedom of the press, 1931. Right to a speedy trial, 1967. Right to keep arms, 2010.
The unincorporated rights of the Bill of Rights do not apply to the states.
Does the Bill of Rights Apply to the States?
Most of the Bill of Rights was incorporated to the states via the 14th Amendment Due Process and Equal Protection Clauses. This was done by the Supreme Court. The amendments that have been incorporated are the 1st, 2nd and the 4th. Parts of the 5th amendments have been incorporated with the exception of the right to a grand jury. Some of the 6th amendment is incorporated except for the right to obtain jurors from the same area where the crime occurred. The seventh is ½ way incorporated and the 8th except for the part of the right not to receive excessive fines. . These amendments protect criminals against unjustly prosecution by the government. (Ragone, N, n.d).
Since the incorporation doctrine came into effect; many of the Bill of Rights apply to state governments. Because of the provision of the 14th Amendment states were not able to interfere with our natural rights any more than the federal government is supposed to in regard to the U.S. Constitution. (Petersen, A., 2013).
There are two amendments that don’t apply to the states regarding protection for criminals. These are:
* Fifth amendment – Right to a grand jury
* Eighth amendment – excessive bail. Each state...