According to the readings, which of the following provisions has NOT been formally applied to the states?
A. Fifth Amendment right to a grand jury indictment in felony cases
B. First Amendment right to peaceably assemble
C. Fifth Amendment right against self-incrimination
D. Eighth Amendment right against cruel and unusual punishment
im confused between B and C
Neither is right.
http://legal-dictionary.thefreedictionary.com/fifth+amendment
To determine which provision has not been formally applied to the states, we will analyze the options provided.
A. The Fifth Amendment right to a grand jury indictment in felony cases: This provision has been formally applied to the states through the Due Process Clause of the Fourteenth Amendment. Therefore, option A is not the correct answer.
B. The First Amendment right to peaceably assemble: This provision has been formally applied to the states through the Due Process Clause of the Fourteenth Amendment. Therefore, option B is also not the correct answer.
C. The Fifth Amendment right against self-incrimination: This provision has been formally applied to the states through the Due Process Clause of the Fourteenth Amendment. Therefore, option C is not the correct answer either.
D. The Eighth Amendment right against cruel and unusual punishment: This provision has not been formally applied to the states in its entirety, but there have been Supreme Court cases that have applied some aspects of this right to the states. However, it has not been uniformly applied to all states, so option D is the correct answer.
Therefore, the provision that has NOT been formally applied to the states is option D, the Eighth Amendment right against cruel and unusual punishment.
To determine which of the provisions has not been formally applied to the states, you can refer to the United States Constitution and relevant court cases.
The Fifth Amendment right against self-incrimination has been formally applied to the states through the Due Process Clause of the Fourteenth Amendment. This means that states must also respect an individual's right against self-incrimination.
The Eighth Amendment right against cruel and unusual punishment has also been formally applied to the states through the Due Process Clause. This means that states must not impose punishments that are cruel or unusual.
The First Amendment right to peaceably assemble has also been formally applied to the states through the Fourteenth Amendment's Due Process Clause and the incorporation doctrine. This means that states must respect an individual's right to peacefully assemble.
Therefore, the provision that has not been formally applied to the states is the answer B, the Fifth Amendment's right to a grand jury indictment in felony cases. The Supreme Court has ruled that this provision does not apply to the states through the incorporation doctrine. This means that states can choose whether or not to use grand juries in felony cases.