State Powers Limitations

The originally Bill of Rights protected the rights of citizens from infringement by the federal government, but made no mention of the states. The Fourteen Amendment, adopted shortly after the Civil War, protected citizenship and individual rights from infringement by state governments. Under the Fourteenth Amendment’s due process clause, the United States Supreme Court began to apply the most important rights guaranteed in the Bill of Rights against the states. This process began in the early 1900s and is known as the doctrine of selective incorporation. Duncan versus Louisiana was the landmark case in which the court incorporated the Sixth Amendment right to a jury trial against the states.

As a result of the Thirteenth Amendment the Fourteenth Amendment gave rights to the newly freed slaves (Authored by LegalMatch Law Library Managing Editor, Ken LaMance, Attorney at Law. (n.d.)). The Fourteenth Amendment addresses citizenship rights and equal protection of the laws. This Amendment was the second of the reconstruction amendments. There are five sections in the Fourteenth Amendment . The first section is the most litigated out of the five.The First section limits of all of the actions of the local and state officials. There are several clauses in this section of the Amendment. Some of those clauses are the Citizenship Clause , Due Process Clause, and Equal Protection Clause. The Citizenship Clause provides a definition of what citizenship is. The Due Process Clause prohibits the local and state officials from taking natural rights away without legislative authorization. The Equal Protection Clause requires all of the states to give equal protection in law to all of the people in its jurisdiction. The three sections after the first out of the five aren’t as litigated as the first one. The fifth section provides Congress with the power to enforce the Fourteenth Amendment's provisions by appropriate legislation (Fourteenth Amendment to the United States Constitution. (n.d.)).The Fourteenth Amendment granted citizenship and equal rights to all citizens of

The Fourteenth Amendment is an important amendment that defines the meaning of being a US citizen, protecting citizenship rights of the people and providing equal

The Declarations of Rights of Man and Citizen differ to the Bill of Rights because of the different social and economic institutions. The Bills Of Rights protect citizens through the security of the government. The ten amendments don't directly address the rights of individuals, instead allow the government to enforce them, such as; congress will make no law inflicting rights of speech, press, and religion. These are objectives of the government to keep in tact, not necessary a right upon an individual. However, in the Rights of Man and Citizen it addresses the individual and their equality before the law. In article four it announces that liberty is based on the individual not to harm another. Thus, has no limits but the law will determine the limits. In article one it states, "Men are born and remain free and equal in rights."4 The diction in the Declaration gives the impression of the equality among individuals first, than law will follow. It contrasts to the Bill of Rights; which established a government for law, to protect the rights of individuals. In The Declaration addressed the responsibility of individuals and general will to mold the law.

The Fourteenth Amendment to the Constitution of the United States is perhaps the most sweeping and has likely impacted the general jurisprudence of the Supreme Court the most of any other amendment. This is because, where all other right-protecting amendments protect something specific, the fourteenth amendment was designed to ensure that states guaranteed due process rights, applied the law equally, and protected the “privileges [and] immunities of citizens of the United States.”

This statement encapsulates why the framers of the Fourteenth Amendment found it necessary to include that, “No state shall…deny to any person within its jurisdiction the equal protection of the laws.” Bingham’s reading of the Constitution already incorporated this point, but Rogers’ certainly did not, so by placing it in the Fourteenth Amendment, the framers ensured beyond all doubt that the right of all citizens to equal protection of the laws would be part of any subsequent reading of the Fourteenth Amendment.

which stated that when the accused is being tried in a state court, he or she does not have the protection of the exclusionary rule, which protects against illegal search

In my paper to follow I intend to better educate and provide examples and different situations dealing with the Fourth Amendment in criminal procedures.

The 14th Amendment expanded the protection of civil rights to all Americans and is cited in more litigation than any other amendment. This amendment forbids states from denying any

During the reconstruction a the 14th Amendment was passed, it protected the rights of the freedmen. Document A states, “No state shall make or enforce any law which shall abridge [take away] the privileges or immunities of all citizens of the United States.” This was to protect the rights of the citizens of the United States’ rights and to avoid discrimination. This protects the citizens from the state government. Aslo in Document A it states, “nor deny to any person within its jurisdiction the equal protection of the laws.” This segment states that all the citizens must have equal treatment from the government. These laws are still used today and are brought up in courts all over America.

(The 1st Amendment) This states the basic freedoms that belong to the people, and that the government cannot take these freedoms away. This ensures and protects their liberties and freedoms.This document not only protects the liberties of the people, but was voted on by the people to become one with the Constitution. This proves that the document puts power in the people to vote upon their liberties, and that it defends against tyranny by giving the people the freedoms they

Constitution. This amendment was to help African Americans with citizens rights and equal representation. The U.S Constitution stated that the 14th amendment said “all person born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” The 14th amendment provided African Americans that was born in the United States equal citizenship with other natives in the U.S. It also limited the power of states that they could not take away the rights of the citizens of the United States.

Through the past of the years, the concept of freedom and security has been reshaped with the purpose of benefit human being. The Declaration of Human Rights written in 1948 is an example of the variation in the human privileges. If we go back to the Declaration of the Rights of Man and citizen in 1789 there is a clear evidence of the way human rights have been redirected and adapted to the new society. For example, the Declaration of 1789 encompasses a total of 17 articles talking about the basic rights of the man as a representative of all the members of the social body. These 17 regulations addresses topics such as the right of liberty, expression, equality, and justice by the law.

It was not until after the Civil War that the Thirteenth, Fourteenth, and Fifteenth amendments were enacted and began protecting individuals against the states. The Fourteenth Amendment has been the principal means by which this protection has been accomplished. It reads, in part, “No State shall...deprive any person of life, liberty, or property without due process of law.” The Supreme Court had interpreted this guarantee of liberty to embrace the fundamental liberties in the Bill of Rights, meaning that the state governments must observe and protect them to the same extent as the federal government this is also known called incorporation. The amendments in the Bill of Rights are said to be incorporated against the states through the due process clause of the Fourteenth Amendment. There has been an ongoing debate on the Supreme Court about the extent of incorporation, and whether the entire Bill of Rights, or only some of it’s guarantees, should be incorporated against the states.

The two models that we have encountered in this class are the due process model and the law-and-order, or the crime control model. The due process model can be observed, most famously, during the Warren Court in the 1960s, during Warren’s time as Chief Justice the court was most concerned with protecting and extending the rights of the accused. The due process model puts more strain on the prosecution to prove that the criminal’s rights were not infringed upon and that he actually committed the crime. In contrast, the crime control model is most concerned with lowering crime and deterring future criminals by prosecuting and processing criminals and cases as fast as possible. In some ways, this model resembles an assembly line, in the sense that it attempts to process cases as quickly and efficiently as possible. This model is much more concerned with convictions rather than upholding the rights of the accused. It is most prevalent starting in the late 1960s when Nixon appointed Warren Burger as Chief Justice, this model continued on with Chief Justice Rehnquist in the 1980s and continues on today under the current Chief Justice, John Roberts. However, the crime control model finds some opposition in the Justices Sonia Sotomayor and Elena Kagan who were appointed by President Obama, these two Justices tend to lean more towards the due process model.