Nonincorporation: The Bill of Rights after McDonald v. Chicago

Thomas, Suja A.

Journal: Notre Dame Law Review

Volume: 88

First Page: 159

Year: 2012

Bluebook Citation: 88 NOTRE DAME L. REV. 159 (2012)

Author: Suja A. Thomas: all 11 publications


Abstract

The article focuses on the theories of nonincorporation of the Bill of Rights by the Supreme Court of the United States in the case McDonald v. Chicago. It states that several rights including the Second Amendment right, the Fifth Amendment grand jury right and the Seventh Amendment civil jury trial right were not incorporated against states prior to the McDonald case. It discusses the theories of incorporation of rights based on liberty and justice.

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