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The Bill of Rights and the 14th Amendment

Fourteenth Amendment

Are all freedoms in the Bill of Rights extended to the states?

No, there are a few freedoms in the Bill of Rights that have not been extended to the states through the process of selective incorporation. The Fifth Amendment requirement of a grand jury has not been extended to the states. This means that a state criminal court defendant does not have a federal constitutional right to have his case screened by a grand jury before indictment. The Second Amendment “right to bear arms” has not yet been extended to the states. In the October 2010 term, the Court will hear a case out of the city of Chicago that may change that—McDonald v. City of Chicago.

Other provisions not incorporated are the Third Amendment quartering of troops and the Seventh Amendment right to a jury trial in a civil case.



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