Overview: The Fourteenth Amendment is generally viewed as one of the most significant Amendments, given its impact on States and fundamental rights. Without the Amendment, it may have taken centuries for judges and society to understand that the Bill of Rights should also apply to the States. The Fourteenth Amendment and the scope of its reach continue to be a product of much debate and discussion. Instructions: Considering the ongoing controversy surrounding the Fourteenth Amendment, please provide detailed answers to the following questions. 1. Why was the Fourteenth Amendment necessary? 2. During its drafting, why did the Framers not include language that would have embraced all of the Bill of Rights and its protections? 3. From a modern perspective, should States be exempted from providing the protections afforded by the Bill of Rights, regardless of the language of the Fourteenth Amendment?

References

The Bill of Rights: What Does it Say? The National Archives. Fourteenth Amendment: State Action Doctrine Amdt14.2 State Action Doctrine. Constitution Annotated. Fourteenth Amendment: Overview of Incorporation of the Bill of Rights Amdt14.S1.4.1 Overview of Incorporation of the Bill of Rights. Constitution Annotated. Fourteenth Amendment: Early Incorporation Doctrine Amdt14.S1.4.2 Early Incorporation Doctrine. Constitution Annotated. Fourteenth Amendment: Current Doctrine on Selective Incorporation of the Bill of Rights Amdt14.S1.4.3 Current Doctrine of Selective Incorporation of the Bill of Rights. Constitution Annotated.

Bill of Rights: United States Constitution. Encyclopedia Britannica. Reverese incorporation of State Constitutional Law. Blocher, J. Reverse incorporation of State Constitutional Law. Southern California Law Review, Vol. 84:323. December 12th, 2019. Now cherished, Bill of Rights spent a century in obscurity. United States Courts.

NB: Please properly cite the resources and references.

Answer rating: 100% (QA)

Answer 1 The Fourteenth Amendment was necessary to address the shortcomings of the Constitution in protecting the rights of all citizens particularly ... View the full answer