Question

How does the Bill of Rights affect federal and state governments today? Please be sure to give a unique and specific example from your Week 2 readings.

Answer 1

The Bill of Rights, ratified in 1791, was designed to safeguard individual liberties against potential government overreach. It affects both federal and state governments today through the principle of incorporation, which applies many of its provisions to the states via the Fourteenth Amendment's Due Process Clause.

One specific example from the Week 2 readings could be the Supreme Court case **Miranda v. Arizona (1966)**, which built upon the rights outlined in the Fifth Amendment, particularly the right against self-incrimination. In this case, Ernesto Miranda was not informed of his rights before being interrogated by the police, leading to a confession that was later deemed inadmissible in court. The Court ruled that individuals in custody must be informed of their rights to remain silent and to have legal counsel.

This case illustrates how the Bill of Rights has been applied to state governments through the doctrine of incorporation. While initially designed to limit only the federal government, the Supreme Court’s interpretation of the Fourteenth Amendment has extended the protections of the Bill of Rights to include state actions as well. As a result, Miranda rights must be communicated to individuals by state law enforcement, ensuring that the rights of the accused are preserved and that justice is served in accordance with constitutional protections. This case exemplifies the enduring impact of the Bill of Rights on contemporary legal practices at both state and federal levels.