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The US Supreme Court has incorporated most of the Bill of Rights to the States via the Fourteenth Amendment Due Process and Equal Protection Clauses. The Second Amendment was applied most recently as a result of McDonald v. City of Chicago, (2010).
The Amendments that remain completely unincorporated are the Third Amendment (except in the Second Circuit, due to the decision in Engblom v. Carey, 677 F.2d 957 (1982) and the Seventh Amendment.
The Fifth Amendment right to indictment by Grand Jury is unincorporated because all states have implemented procedures to ensure due process during the indictment phase (whether by Grand Jury or other means).
The Eighth Amendment protection against excessive bail or excessive fines is likewise not incorporated because the only challenge to this Clause presented to the US Supreme Court was rendered moot by the defendant's conviction before the Court could review the case. Generally, state laws and procedural due process provide adequate protection without incorporation.
While the Ninth and Tenth Amendments are technically part of the Bill of Rights, they are non-triable and not subject to the incorporation process.
For more information, see Related Questions, below.
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Does the First Amendment apply to the States?
The First Amendment does not directly apply to the states; however, the courts have ruled that the states are obligated to submit to the First Amendment because of the equal protection clause of the 14th Amendment.
Which clause of the fourteenth amendment ended up being used by the courts to apply the bill of rights to the the states?
The due process clause of the Fourteenth Amendment is used by the courts to apply the Bill of Rights to the states.
Which clause of the fourteenth amendment ended up being used by the court to apply the bill of right to the states?
The due process clause of the Fourteenth Amendment is used by the courts to apply the Bill of Rights to the states.
Does the first amendment apply to democracy?
First of all the First Amendment only applies in the United States of America (this question has been categorised under UK government) , but while there, yes it does apply to speaking about Democracy as much as it does about anything else.
How did lawmakers use the Fourteenth Amendment to justify the passage of Jim Crow laws in the South?
They claimed that the Fourteenth Amendment did not apply to the South because the territory was no longer part of the United States.
Which clause 4th amendment ended up being used by the courts to apply the bill of rights to the states?
The due process clause
How many states to propose an amendment?
34 states to propose an amendment
Can a US Supreme Court decision be binding on an Indiana state court?
Yes, US Supreme Court decisions are binding on bothfederal and state courts except in cases where the ruling involves an amendment or clause of an amendment not incorporated (legally applied) to the states. For example, decisions regarding the Third Amendment currently only apply to states in the Second Circuit; decisions regarding the Seventh Amendment, Grand Jury indictments, and excessive bail or fines currently apply only to the federal government.
What amendment guarantees that all powers not mention in the constitution belong to the states?
The 10th Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
What is the time liment for states to ratify an amendment?
what is the time limit for states to ratify an amendment
Which amendment was submitted to the states by ratification?
Twenty-seventh Amendment to the United States Constitution was submitted to the states by ratification.
What amendment states that you have the right to a jury?
A 5th amendment
