Question

Indicate 2 different rights in the Bill of Rights that the U.S. Supreme Court still has not incorporated and made applicable to the states through the Due Process Clause of the 14 th Amendment? Be specific and indicate the right AND the Amendment where that right is found in the Bill of Rights.

Answer 1

*Incorporation, in United States law, is the doctrine by which portions of the Bill of Rightshave been made applicable to the states. When the Bill of Rights was ratified, courts held that its protections only extended to the actions of the federal government and that the Bill of Rights did not place limitations on the authority of state and local governments. However, the post-Civil War era, beginning in 1865 with the Thirteenth Amendment, which declared the abolition of slavery, gave rise to the incorporation of other Amendments, providing more rights to the states and people over time. Gradually, various portions of the Bill of Rights have been held to be applicable to state and local governments by incorporation through the Fourteenth Amendment in 1868 and the Fifteenth Amendment in 1870.

*Prior to the ratification of the Fourteenth Amendment and the development of the incorporation doctrine, the Supreme Court in 1833 held in Barron v. Baltimore that the Bill of Rights applied only to the federal, but not any state governments. Even years after the ratification of the Fourteenth Amendment, the Supreme Court in United States v. Cruikshank(1876) still held that the First and Second Amendment did not apply to state governments. However, beginning in the 1920s, a series of United States Supreme Court decisions interpreted the Fourteenth Amendment to "incorporate" most portions of the Bill of Rights, making these portions, for the first time, enforceable against the state governments.

*Many of the provisions of the First Amendment were applied to the States in the 1930s and 1940s, but most of the procedural protections provided to criminal defendants were not enforced against the States until the Warren Court of the 1960s, famous for its concern for the rights of those accused of crimes, brought state standards in line with federal requirements. The following list enumerates, by amendment and individual clause, the Supreme Court cases that have incorporated the rights contained in the Bill of Rights. (The Ninth Amendment is not listed; its wording indicates that it "is not a source of rights as such; it is simply a rule about how to read the Constitution."^[23] The Tenth Amendment is also not listed; by its wording, it is a reservation of powers to the states and to the people.)

Amendment:1

Guarantee against establishment of religion

Amendment 2:

Right to keep and bear arms

Amendment 3:

Freedom from quartering of soldiers

Amendment 4:

Unreasonable search and seizure

Amendment 5b

Right to indictment by a grand jury

Amendment 6:

Right to a speedy trial

Amendment 7:

Right to jury trial in civil cases

Amendment 8:

Protection against excessive bail