You will then review it under why the states were forced to incorporate the Bill of Rights.
This paper is designed to provide you a chance to do more in-depth research about the incorporation of the Bill of Rights to the states and develop a greater understanding of the legal system based on the readings and class discussions.
Many states have resisted the U.S. Constitution and the mandate that they incorporate the Bill of Rights within their own laws. The struggle to force the states to abide by those amendments, and later other amendments to the Constitution, went on until the Supreme Court through a series of cases forced them to do so. Even today, forcing states to abide by legal protections under the Constitution as viewed by the members of the Supreme Court continues.
Activity Look at the issue of how the Supreme Court forced states to abide by the Bill of Rights. What legal argument did the Supreme Court make under the 14th Amendment and what other ways did it seek to force states to incorporate the Bill of Rights? Why was this issue so contentious? What implications does this have today?
Write a research paper (2-3 pages) on why states must abide by the Bill of Rights using one case by the Supreme Court. In your answer, you must also critically assess the implications of this constitutional issue for us today. (Chapter 3)
Consider the following questions as you formulate your outline and your paper:
Why is the incorporation of the Bill of Rights to states still so important today?
Do states still resist the Bill of Rights or do they welcome them?
How do you suppose that this incorporation changed how the U.S. Constitution is viewed by the justices of the Supreme Court?
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