Civil Liberties Against the States

  • Due Process Clause

    The United States Supreme Court began to apply the guarantess of the Bill of Rights to the states. The Court based its actions on the due process clause of the Fourteenth Amendment, which read as follows: "No State shall... deprive any person of life, liberty, or property, without due process of law."
  • Interpretation of the Due Process Clause

    The Supreme Court has interpreted the due process clause to mean that no state may deny any person any right that is "basic or essential tot he American concept of ordered liberty." The Supreme Court gradually began using the due process clause to say that states could not abridge a right that the national government could not abridge.
  • Example of Due Process Interpretation

    In a Supreme Court case, the Court ruled that the freedom of the press offered by the national Bill of Rights had to be offered by every state as well.
  • Supreme Court Case

    In a Supreme Court case, they ruled that freedom of religion provided for in the First Amendment had to be provided by all states.
  • Broadening of Interpretations

    The Supreme Court broadened its interpretations to limit state action in most areas in which national government action is limited. These areas include the Fourth Amendement prohibition against unreasonable searches and seizures, the Fifth Amendment prohibition against compulsory self-incrimination, and the Eighth Amendment prohibition against cruel and unusal punishments.