The right to a civil jury trial and the right not to be levied with excessive fines or bail...a. are rights that are protected from state action by the Fifth Amendment.         b. have not...

The right to a civil jury trial and the right not to be levied with excessive fines or bail...

a. are rights that are protected from state action by the Fifth Amendment.     
    b. have not been incorporated.     
    c. are examples of civil liberties.     
    d. are not protected by the Bill of Rights.     
    e. are examples of how all rights in the Constitution have been made applicable to the states

Asked on by alainnass

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pohnpei397's profile pic

pohnpei397 | College Teacher | (Level 3) Distinguished Educator

Posted on

The best answer to this is B.  

The doctrine of incorporation uses the 14th Amendment to apply the Bill of Rights to the states.  The Bill of Rights originally applied only to actions of the federal government.

The Supreme Court has incorporated the Bill of Rights on a selective basis.  That is, it has incorporated only some of the protections of the Bill of Rights.  The rights mentioned above have not been incorporated.  It should be noted, however, that the Supreme Court has suggested, that excessive fines may not be levied by the states, but it has not clearly stated this.

We should note that C is a possible answer.  Most people would define all of these as examples of civil liberties.  However, there is room to debate this.  B is much less debatable.

 

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