Factbites
 Where results make sense
About us   |   Why use us?   |   Reviews   |   PR   |   Contact us  

Topic: Incorporation (Bill of Rights)


Related Topics

In the News (Sat 25 May 19)

  
  Constitutional Topic: The Bill of Rights - The U.S. Constitution Online - USConstitution.net
American history is replete with bills of rights, from the most famous included in our Constitution, to the Declaration of Rights prompted by the Stamp Act to the Virginia Declaration of Rights written by George Mason for his state.
The Bill of Rights was understood, at its ratification, to be a bar on the actions of the federal government.
This process of incorporating parts of the Bill of Rights because of their connection to due process began to run in parallel with the selective incorporation doctrine, where parts of the Bill of Rights were ruled to be enforceable on the states by virtue of the 14th Amendments, whether or not due process applied.
www.usconstitution.net /consttop_bor.html   (1758 words)

  
  Bill of Rights - Search View - MSN Encarta
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
These rights came from several centuries of English legal tradition, recorded in documents such as the Magna Carta of 1215, the Petition of Right of 1628, and the English Bill of Rights of 1689, from which the American Bill of Rights took its name.
Connecticut that not all of the Bill of Rights was incorporated by the Due Process Clause, limiting such sections to those dealing with rights 'implicit in the concept of ordered liberty.' By the end of the 1960s, however, the Court had decided to apply nearly all of the Bill of Rights to the state level.
encarta.msn.com /text_761553383__1/Bill_of_Rights.html   (3947 words)

  
 Moving Tips - Your Rights and Responsibilities when you move
The bill of lading is the contract between you and the mover.
However, the mover is not required to consent to amended delivery dates and has the right to place your shipment in storage at your expense if you are unwilling or unable to accept delivery on the date agreed to in the bill of lading.
If the mover fails to pick up and deliver your shipment on the dates entered on the bill of lading and you have expenses you otherwise would not have had, you may be able to recover those expenses from the mover.
www.vanlines.com /moving_tips/rights_responsibilities.asp   (6592 words)

  
 Short Annotation of Bill of Rights   (Site not responding. Last check: )
It's customary to refer to the first ten amendments as the Bill of Rights, however only the first eight are truly substantive in terms of rights, although some regard the Ninth as the foundation for a right of privacy and the Tenth as a basis for states' rights.
For example, the right to property entails both a freedom to enjoy that property without interference from others as well as a corresponding duty not to interfere with other's enjoyment of their property.
Since the Bill of Rights was originally written to only apply to the federal government, the debate is over whether all or part of the Bill of Rights is applied to the states through the due process clause of the Fourteenth Amendment.
faculty.ncwc.edu /toconnor/410/billofrights.htm   (5876 words)

  
 governpub.com: Founding Documents>>The Bill of Rights
Supporters of a bill of rights argued that such a list of rights should not and would not be interpreted as being exhaustive; In other words, the rights to be enumerated would be some of the most important rights that people had, but many other rights existed as well.
It had been decided earlier that the Bill of Rights would be added to the Constitution in the form of amendments (the list of rights was not inserted into the text of the Constitution because it was feared that modifying the document's text would necessitate the rather painful process of re-ratifying the Constitution).
It was established in 1941, by President Franklin Delano Roosevelt, to the 150th aniversary of the ratification of the Bill of Rights.
www.governpub.com /found/bill.html   (1991 words)

  
 ICL - Hong Kong - Bill of Rights
In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.
This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
Article 9 does not confer a right of review in respect of a decision to deport a person not having the right of abode in Hong Kong or a right to be represented for this purpose before the competent authority.
www.oefre.unibe.ch /law/icl/hk05000_.html   (3208 words)

  
 Hong Kong Bill of Rights Ordinance 1991
The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (ordre public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in this Bill of Rights.
Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
The right of men and women of marriageable age to marry and to found a family shall be recognized.
www.hknet.com /Inform/billor.html   (3153 words)

  
 Applying the Bill of Rights to the States
The purpose of the bill of Rights was to restrict the power of the Central government.
The process of applying the Bill of Rights to the States required that the issue of dual citizenship (state and national) be spelled out.
Whatever would be a violation of the original bill of rights (Amendments I to VIII) if done by the federal government is now equally unlawful by force of the Fourteenth Amendment if done by a state.
www.redwoods.edu /instruct/klee/billofrights.htm   (2663 words)

  
 Bill of Rights
As children we were taught that we had "rights" as expressed in the Bill of Rights.
But as the text describes, we gradually began to apply SOME parts of the Bill of Rights (hence "selective") to the states through the use of the "due process" clause of the 14th Amendment.
In a sense, elements of the Bill of Rights were "incorporated" into the 14ths "due process" clause and thereby applied to the states.
smccd.net /accounts/kennedy/210/les5am.htm   (852 words)

  
 Virginia General Assembly - Constitution of Virginia   (Site not responding. Last check: )
On the final vote on any bill, and on the vote in any election or impeachment conducted in the General Assembly or on the expulsion of a member, the name of each member voting in each house and how he voted shall be recorded in the journal.
A bill may originate in either house, may be approved or rejected by the other, or may be amended by either, with the concurrence of the other.
Only in the manner required in subparagraph (d) of this section shall an amendment to a bill by one house be concurred in by the other, or a conference report be adopted by either house, or either house discharge a committee from the consideration of a bill and consider the same as if reported.
legis.state.va.us /Laws/search/Constitution.htm   (10238 words)

  
 Adults Bill of Rights
The purpose of a Bill of Rights is to establish and guarantee the relationship between the state and its citizens.
The Bill of Rights represents a unique opportunity therefore to establish a comprehensive legal framework in relation to children’s rights, through the incorporation of the UN Convention on the Rights of the Child as well as the introduction of additional rights necessary to provide protection for children and young people living in Northern Ireland.
Bills of Rights are developed in many different contexts, some as part of the normal constitutional underpinning in democratic societies, others in situations where a society is emerging from a period of conflict.
www.childrenslawcentre.org /BillofRightsAdultVersion.htm   (5748 words)

  
 The Bill of Rights
One of the Federalists' most important goals was to forge a strong set of federally enforceable rights against abusive state governments, a goal dramatized by the catalogue of rights in Article I, section 10--the Federalist forebear of the Fourteenth Amendment.
The Logistics of Incorporation Through the Fourteenth Amendment, almost all the provisions of the Bill of Rights have come to be "incorporated" against the states.
When the Senate adopted a Bill of Rights whose wording and substance diverged from the House version, the two chambers convened a joint committee to harmonize the proposed bills.
partners.nytimes.com /books/first/a/amar-rights.html   (4742 words)

  
 Incorporation (Bill of Rights) - Wikipedia, the free encyclopedia
Incorporation of the Bill of Rights is the legal doctrine by which portions of the U.S. Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment.
Most of those portions of the Bill of Rights were incorporated by a series of United States Supreme Court decisions in the 1940's, 1950's and 1960's.
Though the Bill of Rights was originally written to limit only the power of the federal government, the Supreme Court has ruled that most of its guarantees protect citizens against state governments.
en.wikipedia.org /wiki/Incorporation_(Bill_of_Rights)   (1594 words)

  
 The Universal Bill of Sentient Rights
The foundations for a principle of universal cross-clade sentient rights dates back to the ai-liberation and splice and uplift citizenship movements of the late information and early interplanetary ages, and to the animal liberation, animal rights, and primate citizenship activism of the early to middle information age.
At first the hyperturings were content to quarrel among themselves for political leadership, and were too psychologically and politically naive to be incapable of the sort of memetic engineering that was to later become the rule.
The TRHN finds the Bill (and its variants) amusing, the NoCoZo claims it is centralist interference and unnecessary, and the Keter dominion considers it irrelevant.
www.orionsarm.com /civ/sentient_rights.html   (1075 words)

  
 ThisNation.com--Bill of Rights
The inclusion of the Bill of Rights in the Constitution was not a foregone conclusion when the Framers met at Philadelphia in 1787.
While understanding the historical origins of the Bill of Rights helps us understand their significance in the American political system, it is even more important to understand how the the rights and liberties enumerated in the Bill of Rights have been interpreted and applied in the more than two centuries since they were adopted.
This process is often referred to as "selective incorporation." To date, the Court has required state and local governments to comply with all of the provisions of the Bill of Rights except the Second, Third, Seventh, and Tenth Amendments and the Grand Jury requirement of the Fifth Amendment.
www.thisnation.com /billofrights.html   (400 words)

  
 Incorporation Doctrine
Until the early twentieth century, the Bill of Rights was interpreted as applying only to the federal government.
Instead of applying the Bill of Rights as a whole to the states, as it might have done through the Privileges and Immunities Clause, the Supreme Court has gradually applied selected elements of the first ten amendments to the states through the Due Process Clause of the Fourteenth Amendment.
Following his retirement, most provisions of the Bill of Rights were eventually incorporated to apply to the states.
law.jrank.org /pages/7578/Incorporation-Doctrine.html   (787 words)

  
 Protection of Constitutional Rights
            Before describing the protections of the Bill of Rights, it is important to note that they originally were interpreted as restrictions only on the power of the federal government, and not the power of the states.
The Sixth Amendment provides important rights for criminal defendants, including the right to a speedy and public trial, to a trial by an impartial and local jury, to be informed of the charges against him, to be confronted by witnesses against him, to compulsory process for obtaining witnesses, and to have a lawyer.
The Ninth Amendment makes clear that the enumeration of some rights shall not be interpreted to deny other rights retained by the people (although it does not indicate what those rights may be).
home.ubalt.edu /shapiro/rights_course/Chapter3text.htm   (1451 words)

  
 LIMITS ON THE POWER OF STATES TO REGULATE FIREARMS
The individual right approach treats the Second Amendment as a right of individual citizens which cannot be restricted by the federal government.
The Supreme Court's reluctance to revisit the Second Amendment incorporation question is most notable in its refusal to hear an appeal of a case in which the Seventh Circuit upheld a local government's ban on possession of handguns within its borders.
Under either the individual right analysis or the state's right analysis the conclusion is the same: state and local governments are not bound by the Second Amendment.
w3.uchastings.edu /plri/fall94/mcclen2.html   (2192 words)

  
 NRA-ILA :: Articles
Furthermore, the selective incorporationists have held that the fundamental rights incorporated by the 14th Amendment and protected against state interference are not limited to what is found in the Bill of Rights.
Such "Total Incorporation" would protect all of the guarantees specified in the Bill of Rights against adverse state government action, enhancing judicial objectivity and greater certainty, while conforming to the intent of the framers of the 14th Amendment.
Rodriguez (1973) that a right guaranteed in the Bill of Rights is a fundamental right.
www.nraila.org /Issues/Articles/Read.aspx?ID=23   (1156 words)

  
 [No title]
Incorporation: Bill of Rights is applied to States through 14th due process: Twining, v New Jersey, Palko v.
Civil Rights Act of 1964 gave the Attorney General the standing to bring suits, so didn’t have to actually be discriminated against.
Right to Education: NOT Fundamental b/c it’s a State Right C. Procedural Due Process: Gov’t can deprive a person of Life, Liberty, and Property as long as there’s Due Process (Notice and Hearing) a.
www.msu.edu /~sbalaw/conlawII-1.doc   (1731 words)

  
 The Fourteenth Amendment and the Bill of Rights   (Site not responding. Last check: )
The Fourteenth Amendment and the Bill of Rights
Abstract: In recent years the Supreme Court has taken an expansive interpretation of the 14th Amendment to apply the Bill of Rights to the states.
The author argues that this is contrary to the original intent of the fourteenth amendment, which should be understood in the light of the tenth amendment.
www.weyrich.com /book_reviews/fourteenth_bill_rights.html   (186 words)

  
 INCORPORATION
The Bill of Rights as originally written and interpreted by the U.S. Supreme Court does not limit and protect citizens from state governmental authorities.
Amendment’s “right to counsel”, Gideon was let out of prison and re-tried with a state paid attorney and found innocent.
If the Supreme Court has not incorporated a particular right and the State Constitution or state laws do not cover the right, than the citizens of a state are not protected by the Bill of Rights against state governmental action (state police and judges).
stallion.abac.peachnet.edu /social/pfoote/INCORPORATION.htm   (182 words)

  
 HOA Bill of Rights Pt 2
This is related to the importance of property rights and the need to protect private property.
The courts sided to protect private property rights over your civil liberties and supported this argument of "a private contract".
This is basically what "minority rights', 'right to freedom of speech', etc come down to.
starman.com /HOA/hoabill2.htm   (592 words)

Try your search on: Qwika (all wikis)

Factbites
  About us   |   Why use us?   |   Reviews   |   Press   |   Contact us  
Copyright © 2005-2007 www.factbites.com Usage implies agreement with terms.