Question

Which principle of the constitution is guaranteed through the first ten amendments?.

Answer 1

The doctrine incorporation of the constitution is guaranteed through the first ten amendments.

Through the Due Process clause of the Fourteenth Amendment, certain provisions of the first ten amendments of the United States Constitution, also known as the Bill of Rights, are made applicable to the states under the incorporation concept. Both administratively and substantively, incorporation is applicable.

The Supreme Court determined that the Bill of Rights only applied to the Federal government and to actions brought in federal courts before the doctrine (and the Fourteenth Amendment) were in place. The preamble to the Bill of Rights emphasizes the significance of the Bill of Rights in minimizing overreach by the newly constituted government.

Every state involved in the negotiations for the Constitution had varying degrees of worries with a too powerful Federal government. The Bill of Rights was obviously meant to place restrictions primarily on the federal authority, the Supreme Court ruled (see Barron v. City of Baltimore (1833)). States and state courts were free to enact such legislation at their discretion.

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