What constitutional provision has been used to make most of the provisions within the Bill of Rights applicable to the states?


A. Fourteenth Amendment Due Process Clause


B. Fourteenth Amendment Equal Protection Clause


C. Fourteenth Amendment Privileges or Immunities Clause


D. Fifth Amendment Due Process Clause

I am stuck between A & B.

B.

http://www.law.cornell.edu/wex/equal_protection

To determine which constitutional provision has been used to make most of the provisions within the Bill of Rights applicable to the states, we need to examine the text and interpretation of the relevant constitutional amendments.

The Bill of Rights initially only applied to the federal government and did not directly limit the actions of state governments. However, through a process called incorporation, several provisions of the Bill of Rights have been applied to the states as well.

Option A, the Fourteenth Amendment Due Process Clause, states: "No State shall ... deprive any person of life, liberty, or property, without due process of law." This clause is often invoked to extend certain rights from the Bill of Rights to the states. The Supreme Court has used the Due Process Clause to selectively incorporate specific provisions of the Bill of Rights on a case-by-case basis.

Option B, the Fourteenth Amendment Equal Protection Clause, states: "No State shall ... deny to any person within its jurisdiction the equal protection of the laws." While the Equal Protection Clause is an essential component of the Fourteenth Amendment, it is not the primary mechanism used to apply the Bill of Rights to the states.

The correct option in this context is Option A, the Fourteenth Amendment Due Process Clause. It has been primarily used by the Supreme Court to incorporate most provisions of the Bill of Rights to the states. Through the doctrine of selective incorporation, the Court has held that certain fundamental rights are included within the concept of "due process" and are thereby protected against state infringement.

It's important to note that Option C, the Fourteenth Amendment Privileges or Immunities Clause, is also a significant provision of the Fourteenth Amendment. However, it has not been extensively interpreted or used as a basis for incorporating the Bill of Rights to the states.

Option D, the Fifth Amendment Due Process Clause, applies specifically to the federal government and is not directly used for incorporating the Bill of Rights to the states.

In summary, the correct answer is A: the Fourteenth Amendment Due Process Clause.