Full Description
In the first work of its kind, Incorporation of the Bill of Rights provides a detailed account of the Supreme Court's application of federal rights to the state level. Approaching the Bill of Rights amendment by amendment and right by right, Gary Bugh's content analysis of Court opinions reveals what justices regard as the incorporation status and most relevant case for each right. Along with finding that the Court has incorporated nearly the entire Bill of Rights, Professor Bugh offers new insights into unincorporated rights and addresses the judiciary's various theoretical defenses for protecting civil liberties from state infringement. This definitive inventory of incorporated rights is essential for law and government teachers and practitioners at all levels of government.
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"In addition to specific amendments to the Constitution, the Supreme Court has a long history of incorporating certain rights and extending them to the states. In this careful and thoughtful study, Gary Bugh covers this development with clear and fascinating detail. A major contribution to our understanding of constitutional law and an important resource for scholars, attorneys, and judges."—Louis Fisher, Visiting Scholar at the William and Mary Law School
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"In this meticulously researched book, Professor Bugh individually examines each of the rights listed in the first eight amendments to the U.S. Constitution. He further indicates whether the Supreme Court has incorporated each right into the Due Process Clause of the Fourteenth Amendment and, if so, when it did. It is quite helpful and convenient to have this information assembled in a single place and with such attention to detail, including relevant case citations."—John Vile, Dean and Professor of Political Science at Middle Tennessee State University
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"Incorporation of the Bill of Rights is the essential guide to which federal protections the U.S. Supreme Court has extended to the state level. Professor Gary Bugh provides an invaluable service with his detailed content analysis of justices' written opinions. The multiple essays of the book, each one covering a single right, offer a unique approach to understanding the topic, including the relationships between justices' theoretical defenses and incorporation rulings. Teachers, students, and legal professionals will find the book a reliable source about incorporation for years to come."—Donald Gooch, Associate Professor of Political Science at Stephen F. Austin State University
Contents
Acknowledgments - Preface - Introduction - First Amendment - Establishment of Religion - Exercise of Religion - Freedom of Speech - Freedom of the Press - Peaceably Assemble - Petition Government - Second Amendment - Keep and Bear Arms - Third Amendment - Quartering Soldiers - Fourth Amendment - Unreasonable Searches and Seizures - Valid Search Warrants - Fifth Amendment - Grand Jury - Double Jeopardy - Self-Incrimination - Due Process of Law - Just Compensation - Sixth Amendment - Speedy Trial - Public Trial - Impartial Jury - Jury Trial - Jury of Same State and District as Crime - Informed of Accusation - Confront Witnesses - Favorable Witnesses - Counsel - Seventh Amendment - Civil Jury Trial - Re-examination of Facts - Eighth Amendment - Excessive Bail - Excessive Fines - Cruel and Unusual Punishments - Conclusion -Appendix A The Bill of Rights - Appendix B Incorporated Rights and Relevant Cases by Amendment - Appendix C Incorporated Rights and Relevant Cases by Year - Bibliography - Cases - Index.
