Legal Question in Constitutional Law in Louisiana

does this mean that states can disregard the bill of rights?

http://www.oyez.org/oyez/resource/case/30/


Asked on 8/18/06, 7:49 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: does this mean that states can disregard the bill of rights?

No. It did at the time, but the case you cite (Barron v. Baltimore) was decided in 1833. The Fourteenth Amendment, which was ratified in 1868, changed the rules.

In numerous cases, the U.S. Supreme Court has held that the Fourteenth Amendment requires the states to honor individual rights set forth in the Bill of Rights. This requirment has come to be known as "incorporation". The Court has done this one right at a time and there are some it has yet to address (as well as a handful it has refused to incorporate) but, by and large, the states are bound by the entire Bill of Rights

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Answered on 8/18/06, 8:08 pm


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