Constitutional Law: Protection of Individual Rights: Bill of Rights

  • Bill of Rights: The Bill of Rights is comprised of the first 10 Amendments to the Constitution. It acts a limitation on the federal government. It is made applicable to the states through the Due Process Clause of the 14th Amendment. However there are certain Amendments which do not apply to the states:
    • 2nd Amendment right to bear arms
    • 5th Amendment right to grand jury in criminal cases
    • 7th Amendment right to jury trial in civil cases
    • 8th Amendment right against excessive bail.
  • 14th Amendment’s Privileges and Immunities Clause is a dead issue in the law. DO NOT CONFUSE IT with the Article IV privileges and immunities clause. The Bill of Rights is made applicable to the states through the 14th Amedment’s Due Process Clause, not the 14th Amendment Privileges and Immunities Clause.
    • THIS IS RARELY A RIGHT ANSWER ON THE MBE.