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Due Process Clause of the Fifth Amendment (1791) The United States Bill of Rights is the first ten amendments to the United States Constitution. Proposed following the oftentimes bitter 1787–88 battle over ratification of the United States Constitution, and crafted to address the objections raised by Anti-Federalists, the Bill of Rights amendments add to the Constitution specific guarantees ...
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Usually considered one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to formerly enslaved Americans following the American Civil War.
The Fourteenth amendment was ratified by nervous Republicans in response to the rise of Black Codes. [14] This ratification was irregular in many ways. First, there were multiple states that rejected the Fourteenth Amendment, but when their new governments were created due to reconstruction, these new governments accepted the amendment. [15]
Incorporation is the legal doctrine by which the Bill of Rights, either in full or in part, is applied to the states through the Fourteenth Amendment's due process clause. The basis for incorporation is substantive due process regarding substantive rights enumerated elsewhere in the Constitution, and procedural due process regarding procedural ...
Texas (1894) McDonald v. City of Chicago, 561 U.S. 742 (2010), was a landmark [1] decision of the Supreme Court of the United States that found that the right of an individual to "keep and bear arms", as protected under the Second Amendment, is incorporated by the Fourteenth Amendment and is thereby enforceable against the states.
Gitlow v. New York, 268 U.S. 652 (1925), was a landmark decision of the United States Supreme Court holding that the Fourteenth Amendment to the United States Constitution had extended the First Amendment 's provisions protecting freedom of speech and freedom of the press to apply to the governments of U.S. states.
Cantwell v. Connecticut, 310 U.S. 296 (1940), is a landmark court decision [1] [2] by the United States Supreme Court holding that the First Amendment's federal protection of religious free exercise incorporates via the Due Process Clause of the Fourteenth Amendment and so applies to state governments too.
The Establishment Clause is a limitation placed upon the United States Congress preventing it from passing legislation establishing an official religion, and by interpretation making it illegal for the government to promote theocracy or promote a specific religion with taxes. The Free Exercise Clause prohibits the government from preventing the ...