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Editing Constitutional Liberties
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Because the Slaughter-House cases, the application of the Bill of Rights to the states could not be through the privileges and immunities clause. In the early twentieth century, the Supreme Court suggested an alternate approach: finding that at least some of the Bill of Rights provisions are part of the liberty protected from state inference by the Due Process clause of the Fourteenth Amendment. | Because the Slaughter-House cases, the application of the Bill of Rights to the states could not be through the privileges and immunities clause. In the early twentieth century, the Supreme Court suggested an alternate approach: finding that at least some of the Bill of Rights provisions are part of the liberty protected from state inference by the Due Process clause of the Fourteenth Amendment. | ||
In ''[[Chicago, Burlington & Quincy Railroad Co. v. City of Chicago]]'' (1897), the Supreme Court ruled that the | In ''[[Chicago, Burlington & Quincy Railroad Co. v. City of Chicago]]'' (1897), the Supreme Court ruled that the due process clause of the fourteenth amendment prevents states from taking property without just compensation. Although the Court did not speak explicitly of the Fourteenth Amendment incorporating the Takings Clause, that was the practical decision. | ||
[[Twining v. New Jersey]] (1908) is a case where the Court first expressly discussed the '''incorporation''' of the [[Constitution_of_the_United_States#Bill_of_Rights|bill of rights]]. The Court said that it is possible that some of the personal rights safeguarded by the first eight amendments against national action may also be safeguarded against state action, because a denial of them would be a denial of due process. | [[Twining v. New Jersey]] (1908) is a case where the Court first expressly discussed the '''incorporation''' of the [[Constitution_of_the_United_States#Bill_of_Rights|bill of rights]]. The Court said that it is possible that some of the personal rights safeguarded by the first eight amendments against national action may also be safeguarded against state action, because a denial of them would be a denial of due process. |