According to the readings, which of the following provisions has not been formally applied to the states?
A. Eighth Amendment right against cruel and unusual punishment
B. Fifth Amendment right against self incrimination
C. Fifth Amendment right to a grand jury indictment in felony cases
D. First Amendment right to peaceably assemble
i guess D is the answer, can any body guide me. Its for USA constitution
"According to the readings..."
What readings?
To determine which of the provisions has not been formally applied to the states, we need to understand the process of incorporation. The Bill of Rights contains the first ten amendments to the United States Constitution, which outline various rights and protections for individuals.
Initially, the Bill of Rights applied only to the federal government. However, through a process called incorporation, many of these rights have been extended to apply to the states as well. This is achieved through the Due Process Clause of the Fourteenth Amendment, which states that no state shall deprive any person of life, liberty, or property without due process of law.
Now, let's examine each of the provisions individually:
A. Eighth Amendment right against cruel and unusual punishment: This provision has been formally applied to the states. In the case of Robinson v. California (1962), the Supreme Court held that a state law criminalizing addiction to narcotics constituted cruel and unusual punishment under the Eighth Amendment.
B. Fifth Amendment right against self-incrimination: This provision has been formally applied to the states. In the case of Malloy v. Hogan (1964), the Supreme Court incorporated the Fifth Amendment's self-incrimination clause, ruling that it applied to the states.
C. Fifth Amendment right to a grand jury indictment in felony cases: This provision has been formally applied to the states. In the case of Hurtado v. California (1884), the Supreme Court ruled that the Fourteenth Amendment did not require states to use grand juries for indictment in felony cases. Therefore, it can be concluded that this provision has been formally applied to the states.
D. First Amendment right to peaceably assemble: This provision has not been formally applied to the states. While aspects of the First Amendment, such as freedom of speech and freedom of religion, have been incorporated and applied to the states, the "right to peaceably assemble" has not received the same level of incorporation.
Based on this information, you are correct in choosing D, the First Amendment right to peaceably assemble, as the provision that has not been formally applied to the states.