Examples Of Incorporation Is A Violation Of The 10th Amendment

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"[A] bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse.” said Thomas Jefferson in 1787. The Constitution was a game-changing document but it consisted of a lot of loop-holes. These loop-holes made it inevitable for change. There are many cases now that are looked at and ruled on a case-by-case basis and the rules are often bent. I do not believe that incorporation is a violation of the 10th amendment because every trial is different and times are changed from the 1700s. The Founding Fathers wanted to protect the rights of the people and tell the government what they can do. I believe that the Bill of Rights protects the citizens the way the Founding Fathers intended. Throughout history we see them in action.…show more content…
These amendments were added in the light of slavery but it sets the tone for future conflicts. There is a much greater understanding of the Bill of Rights now than there was back in the day. An example of incorporation is in the case Cantwell v Connecticut. This was about free exercise of religion. This case was about three Jehovah’s witnesses promoting the religion in a neighborhood while insulting Roman Catholicism. They were arrested and charged. The Cantwells then said it was a violation of the 14th Amendment. The court found them to be innocent based on the First and Fourteenth Amendments because it violated due process. This case contradicts because it shows the law questioning any form of religious practice while also accepting free exercise of religion. The Bill of Rights is separated where only some rights are applied to state

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