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US Constitution study guide: Difference between revisions
→Bill of Rights [Amendments 1-10]
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Issues, problems & limits: | Issues, problems & limits: | ||
* as originally enacted and interpreted by the Courts, the BOR did not apply to the states | * as originally enacted and interpreted by the Courts, the BOR did not apply to the states | ||
* see the 14th Amendment for how that Amendment opened the path for judicial application of the BOR to state law (called "incorporation" of the BOR | ** see the 14th Amendment for how that Amendment opened the path for judicial application of the BOR to state law (called "incorporation" of the BOR | ||
* the BOR protections have been construed (interpreted) by the Courts to include other rights or privileges that are not listed in the BOR | * the BOR protections have been construed (interpreted) by the Courts to include other rights or privileges that are not listed in the BOR | ||
* ex., the courts have construed the Sixth Amendment right to counsel in criminal cases to mean that the government must pay for an attorney for someone who cannot afford one | * ex., the courts have construed the Sixth Amendment right to counsel in criminal cases to mean that the government must pay for an attorney for someone who cannot afford one | ||
* in general, limits on the BOR protections are based on the '''public safety''' or '''public interest''' | * in general, limits on the BOR protections are based on the '''public safety''' or '''public interest''' | ||
* that is, individual protections may be limited by | ** that is, individual protections may be limited by public needs, especially in times of crisis | ||
* important BOR protections include: | |||
** protection against "arbitrary" law (randomly or unequally applied law) | |||
** upholds "procedural law" (requires that the "procedures" or processes of the law) be followed completely | |||
** and if not, the governmental action is in violation of the law}}''' and '''{{#tip-text:historical background|historical background: | |||
* see the introduction above the Constitution text for notes on the adoption of the Bill or Rights}}''' | * see the introduction above the Constitution text for notes on the adoption of the Bill or Rights}}''' | ||