The Bill of Rights

Question 1

The Bill of Rights

Answer 1

Enacted as a limit on the federal gov’t so didn’t apply to the states

• BUT 14th amendment specifically applies to the states
  
  • SCOTUS has made all but 2 of the amendments in the Bill of Rights applicable to the states under the DP provisions of the 14th Amendment

Question 2

What type of action does the Bill of Rights protect against?

Answer 2

Government Action NOT private action

• Will apply to private conduct sponsored by the government

Question 3

What guarantees are applicable to the states?

Answer 3

1. The Exclusionary Rule
2. 4th Amendment
   
   • Prohibition against unreas. search & Seizure
3. 5th Amendment
   
   • Priv. against self incrim.
   • Guarantee against double jeopardy
4. 6th Amendment
   
   • Right to Counsel
   • Right to Speedy Trial
   • Right to Public Trial
   • Right to Confront Opposing witness
   • Right to an impartial jury
5. 8th Amendment
   
   • Ban on Cruel & Unusual Punishment

Question 4

What guarantees are not applicable to the States ?

Answer 4

1. The prohibition against excessive Bail, and
2. The right to indictment by grand jury in felony cases

Question 5

What is the effect of a state statute that grants police the authority to engage in conduct that violates the federal constitutional std. ?

Answer 5

The state statute will be held invalid