There are still a handful of rights and issues in the Bill of Rights that the Supreme Court has not, by court ruling and opinion, required that the state governments recognize. One of the rights that serves as such an example is
a. the First Amendments freedom of speech.
b. the First Amendments freedom of religion.
c. the Eighth Amendments prohibition against excessive bail and fines.
d. the Sixth Amendment and the speedy trial requirement.
e. the Sixth Amendment and the right to an attorney.
Question 2
How has the Supreme Court consistently used the Fourteenth Amendment in applying the Bill of Rights to the state governments?
a. President Lincoln interpreted that the amendment required states to observe the due process clause and by executive order required states to abide by it, which the Supreme Court has since upheld.
b. Congress passed an enforcement statute that forced the Supreme Court to begin recognizing the due process clause.
c. The Bill of Rights does not apply to state governments and their actions so the Supreme Court has not referred to it in this regard.
d. The Supreme Court has applied the due process clause, ruling that the failure to recognize fundamental rights in the Bill of Rights is a violation of this clause.
e. The Fourteenth Amendment explicitly requires that states recognize and enforce the Bill of Rights in the U.S. Constitution, which the Supreme Court has upheld.
Bill Viola, The Reflecting Pool.
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