How has the Supreme Court consistently used the Fourteenth Amendment in applying the Bill of Rights to the state governments?
a. President Lincoln interpreted that the amendment required states to observe the “due process” clause and by executive order required states to abide by it, which the Supreme Court has since upheld.
b. Congress passed an “enforcement statute” that forced the Supreme Court to begin recognizing the due process clause.
c. The Bill of Rights does not apply to state governments and their actions so the Supreme Court has not referred to it in this regard.
d. The Supreme Court has applied the “due process” clause, ruling that the failure to recognize fundamental rights in the Bill of Rights is a violation of this clause.
e. The Fourteenth Amendment explicitly requires that states recognize and enforce the Bill of Rights in the U.S. Constitution, which the Supreme Court has upheld.
ANS: D
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