Tag Archives: modification

Discriminatory enforcement of laws may also be remedied by court. undemocratic countries give individuals the right to elect their leaders, but the right is meaningless without safety of fundamental rights. Since the courts interpret the legislation, they determine what the legislation legally means, and thus they resolve if the regulation has authorized value. If a regulation contradicts to a higher law, then the previous is without authorized worth and thus cannot be enforced in courts. Even the unique scheme prolonged constitutional protection to some rights retained by the individuals in […]

See my dissenting opinions in those cases, 376 U.S., at 20, eighty four S.Ct. at 536; 377 U.S., at 589, 84 S.Ct. In different phrases, what I discover implicit within the Court’s opinion is that the ‘incorporation’ doctrine may be used to restrict the attain of Fourteenth Amendment Due Process. For me this is simply as unacceptable constitutional doctrine as is the use of the ‘incorporation’ method to impose upon the States all the necessities of the Bill of Rights as found within the provisions of the primary eight amendments […]