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Essay On The 14th Amendment

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Essay On The 14th Amendment
The incorporation of the Bill of Rights is the procedure by which the United States courts have implemented pieces of the United States Bill of Rights to the states, by the due process clause of the 14th Amendment of the Constitution. During the case of Barron v. Baltimore, the U.S. Supreme Court expressed that the Bill of Rights implemented to the government, but not to the states. Some claimed that the creator of the 14th Amendment intention had been to reverse this particular precedent. This Amendment is one of the reconstruction Amendment, and was adopted in 1868. The fourteenth Amendment Due Process Clause forbids local and state governments from denying persons of liberty, life, or property without particular steps that guaranteed fairness. …show more content…
A case created by stating that the Fourteenth Amendment extended the Bill of Rights down to the local and state level, distorting the meaning of the Amendment as interpreted by those that approved and wrote the Amendment. This distortion has to be at a point where the greatness of it violates several of the philosophies that referenced the Constitution. Since the doctrine of incorporation implementation, the United States Supreme Court engaged in this type of distortion. The Bill of Rights and Constitution was re-written by the nine judges that were not elected that makes up the U.S. Supreme Court. These documents nearly mean the opposite of what they did when they was first approved and written.
James Madison, the only one who wanted the Bill of Rights extended to the states. He restrained the states in his draft of the First Amendment, but the senate had struck down this particular version. When congress and the house finally passed this version, it did not apply to the states. The Bill of Rights also did not apply to the states during the time of passing and approval of the Fourteenth Amendment. Thanks to the Supreme Court and them distorting the Fourteenth Amendment meaning, the Bill of Rights has now been applied to the

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