Incorporation of the Bill of Rights in State Laws (Essay Sample)
How was the Bill of Rights incorporated into the states?
The Bill of rights contains the first ten amendments to the United States constitution. It includes the First Amendment. The main reason the Bill of Rights was added to the constitution was to appease the Anti-Federalists, who thought the new constitution could not provide the required safeguard of people's rights (Konvitz, 2017). The Bill of rights was added to the constitution to ensure ratification.
The convention reported the constitution to the states for ratification, and there was a disagreement between the federalist's supporters and the anti-federalist's opponents. They were concerned that other states did not have the Bill of rights (of the 11 state constitutions in place in the years after independence, 7 had bills of rights). To ensure the ratification of the constitution, the federalists offered concessions, and the First Congress proposed a Bill of Rights as protection for fear of a strong national government (Konvitz, 2017). The Bill of Rights came into effect in December 1791 after it was ratified by three-fourths of the state legislatures. The Bill of rights was made applicable through the due process clause of the fourteenth Amendment. The incorporation of the Bill of Rights increased the power of the Supreme Court to define rights and change the meaning of the Bill of Rights from the series of limits on the power of the government to a set of rights belonging to the individual and guaranteed by the federal government.
What have been the changing interpretations of the 2nd Amendment? Do you agree with the expanding definitions as interpreted by court cases and new state laws?
The modern debates on the Second Amendment have concerns as to whether it protects the rights of individuals to keep and bear arms or is it a right that can only be exercised through militia organizations such as the National Guard (Konvitz, 2017). The founding generation did believe that the government was prone to use soldiers to oppress people.
Bill of Rights
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How was the Bill of Rights incorporated into the states?
The Bill of rights contains the first ten amendments to the United States constitution. It includes the First Amendment. The main reason the Bill of Rights was added to the constitution was to appease the Anti-Federalists, who thought the new constitution could not provide the required safeguard of people's rights (Konvitz, 2017). The Bill of rights was added to the constitution to ensure ratification.
The convention reported the constitution to the states for ratification, and there was a disagreement between the federalist's supporters and the anti-federalist's opponents. They were concerned that other states did not have the Bill of rights (of the 11 state constitutions in place in the years after independence, 7 had bills of rights). To ensure the ratification of the constitution, the federalists offered concessions, and the First Congress proposed a Bill of Rights as protection for fear of a strong national government (Konvitz, 2017). The Bill of Rights came into effect in December 1791 after it was ratified by three-fourths of the state legislatures. The Bill of rights was made applicable through the due process clause of the fourteenth Amendment. The incorporation of the Bill of Rights increased the power of the Supreme Court to define rights and change the meaning of the Bill of Rights from the series of limits on the power of the government to a set of rights belonging to the individual and guaranteed by the federal government.
What have been the changing interpretations of the 2nd Amendment? Do you agree with the expanding definitions as interpreted by court cases and new state laws?
The modern debates on the Second Amendment have concerns as to whether it protects the rights of individuals to keep and bear arms or is it a right that can only be exercised through militia organizations such as the National Guard (Konvitz, 2017). The founding generation did believe that the government was prone to use soldiers to oppress people. The only way that people could protect themselves was by permitting the government to raise armies when there was a need to fight foreign adversaries (Konvitz, 2017). If the government was in an emergency or invasion, they could rely on a militia consisting of ordinary civilians who supplied their weapons.
The Supreme Court is set to issue a ruling based on the New York gun rights case that will probably expand the scope of protection, allowing the Second Amendment to allow individual gun owners who want to carry a gun outside their residences (Konvitz, 2017). The current Supreme is more conservative and friendly to gun
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