Chapter 5 - Chapter 5 1 The Bill of Rights as designed to...

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Chapter 5 1. The Bill of Rights as designed to limit the capacity of the government to impose conformity cost on those individuals and minorities whose views differ from those of the majority. By insisting that these first 10 amendments be placed in the Constitution, the Antifederalist critics of ratification sought assurance that these rights could not be easily removed. Only if the majority was overwhelming and enduring, could it absorb the high transaction costs required to modify these rights via a constitutional amendment. 2. Incorporation – bringing state laws and practices under Bill of Rights protections by applying the 14 th Amendment to the states a. The nationalization of civil liberties has not only altered the balance of power between Washington and the states, but it has also dramatically expanded the range of protections offered by the Bill of Rights 3. Fourteenth Amendment – no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US; nor shall any state deprive any person of life, liberty, or property , without due process of law ; nor deny to any person the equal protection of the laws a. Intended to protect former slaves i. Over time, many others have sought its umbrella protection 4. Due Process Clause – found in both 5
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