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MLA
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Social Sciences
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English (U.S.)
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Bill of rights (Essay Sample)

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Enumerate the major provisions of bill of rights that have been incorporated into the 14th amendment and thus made applicable to the states. What rationale has the court articulated for determining whether a provision of the Bill of Rights should be made applicable to the states? Is this rationale clear? Convincing? Discuss. source..
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Bill of rights
Every citizen has guaranteed rights in the Fourteenth Amendment; this is because it was designed to define and give the national citizenship extensive rights. This paper discusses the major provisions of bill of rights that have been incorporated into the 14th amendment and thus made applicable to the states. In addition, it explains the rationale the court uses to determine whether a provision of the Bill of Rights should be made applicable to the states and whether the rationale clear and convincing.
According to the Fourteenth Amendment any person naturalized or born in the United States are citizens of the states the resided and the U.S. for this reason no state can deny any person the right to life, liberty, property and/or equal protection without following the due law process. The due process of the law can be established through substantive due process and procedural due process.
The procedural due process is pegged on fundamental fairness and deals with the procedures in law that will be pursued during legal state proceedings. Indeed, it emphasis on having a notice, chance for hearing, argument and cross-examination, basis of decision, discovery and accessibility to a counsel. The substantive due process is based on fundamental fairness and focus on liberty of contract, privacy and the need to evaluate economic and non economic matters.
For the court determines whether a provision of the Bill of Rights is applicable, the normally apply the incorporation of fundamental rights; this is a strategic and fair way. However, the application of the non economic consideration remains controversial as it may favor the rich. Despite the fact that the economy may be affected by denying one person some rights, the court should be above board to ensure the law applies to all. In addition the rati...
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