Explain the relationship between the 14th Amendment and the Bill of Rights, as requested in the question.

Asked on by wanda1002

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pohnpei397's profile pic

pohnpei397 | College Teacher | (Level 3) Distinguished Educator

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The most commonly cited relationship between the 14th Amendment and the Bill of Rights is that the 14th Amendment has been used to "incorporate" the Bill of Rights.

The Bill of Rights, as written, applies only to the federal government.  This means that state governments did not originally have to respect the rights given in the first 10 amendments.  Beginning in the early 1900s, the Supreme Court said that the 14th Amendment means that the Bill of Rights applies to state governments as well.  It does this because it says that states cannot deprive people of their "liberty" without due process of the law.  The Court has said that this means states cannot deprive people of their rights under the Bill of Rights.

krishna-agrawala's profile pic

krishna-agrawala | College Teacher | (Level 3) Valedictorian

Posted on

In the USA Bill of Rights refers to the document defining fundamental rights of people and which were incorporated in toe US constitution by the first ten amendments to the Constitution that came into effect in 1791. And the Fourteenth amendment, adopted in 1868, provides, among other things, a broad definition of citizenship, which ensured that the blacks are also considered citizens of the USA. It also expressly prohibits states form enacting any law or taking any action that abridges the fundamental rights or freedom of people. In this way the fourteenth amendment made the application the bills of rights much more effective in two ways. It made sure that the fundamental rights are enjoyed by all people irrespective of their race or other similar sectarian considerations. Further, it removed any ambiguity that may have existed about the power of states to abridge the fundamental rights of the people.

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