Incorporation of Bill of Rights

Question 1

Which Amendment should be invoked if the federal gov’t is discriminating?

Answer 1

Due Process Clause of the 5th Amendment

Question 2

Which Amendment should be invoked if the state gov’t is discriminating?

Answer 2

Due Process Clause of the 14th Amendment

Question 3

What 3 provisions of the Bill of Rights cannot be asserted via the 14th Amendment Due Process Clause?

Answer 3

5th – grand jury indictment

7th – right to jury in a civil case

8th Amendment – excessive fines clause