Government

1. In the 1980s, amid heated discussion about constitutional rights, some Americans recall that for most of our history the Bill of Rights did not bear to the exercise of power by assert and local anesthetic governments. Until the 1920s, single state constitutions and state lawfulness prevented local governments from encroaching upon base liberties such as freedom of speech, press, religion and the right against imperative self-incrimination. In 1897 the Supreme Court for the first time began to anesthetize the protections guaranteed in the Bill of Rights to exercises of power by state and local governments. That first decision and others since have been based on the 14th Amendment of the Constitution, adopted in 1868 in the wake of the Civil War, specifically the clause that prohibits the states from depriving any person of life, liberty or quality without due extremity of law. The process by which the Court has utilize most of the rights in the Bill of Rights as restrictions upon state and local governments via the due process clause of the Fourteenth Amendment is usually referred to as the nationalization of the Bill of Rights. In 1868, the ratification of the Fourteenth Amendment in the wake of the Civil War placed new restrictions upon state power.



Many of its framers entertained the hope that the Fourteenth Amendments provisions prohibiting the states from denying persons the privileges and immunities of U.S. citizenship (the privileges and immunities clause) or denying them life, liberty or property without due process of law (the due process clause) might become the bases for guaranteeing fundamental exclusive rights against deprivation by state and local governments. Until 1890, due process had been commonly interpreted by the courts as essentially a procedural limitation on governmental power-that is, in winning executeion depriving persons of life, liberty or property, the government must act in a manner that was procedurally fair. Due process meant that...If you trust to get a full essay, order it on our website: Orderessay



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