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If I remember correctly, the Bill of Rights only applies to the states when a case has been challenged and the amendment applied to the states via selective inc
by malnourish 11y ago
If I remember correctly, the Bill of Rights only applies to the states when a case has been challenged and the amendment applied to the states via selective incorporation.
- jayess 11y agoTrue, but with the addition of the second amendment through DC v Heller, all of the bill of rights now applies to the states (expect, maybe, for the third amendment).
- bradleyjg 11y agoParts of each of the first eight amendments, leaving aside the third, have been incorporated against that states. But not the entirety of all of them. For example the Grand Jury clause off the Fifth Amendment and the Excessive Fines clause of the Eight Amendment have not been incorporated. The Ninth Amendment has sometimes been used as a partial basis of modern sexual privacy law (see penumbras and emanations) and inasmuch as those doctrines also apply to the state I guess you could say that the Ninth has kind-of, sort-of been (partially?) incorporated. It wouldn't make any sense to try to incorporate the Tenth Amendment.