The Bill of Rights is the first 10 amendments to the Constitution which grant us basic civil liberties which the Founding Fathers did not want to leave up to interpretation in the Constitution. The Bill of Rights protect essential rights of every citizen such as the right to free speech, a fair trial, and the right to bear arms. Even though they are in the nation’s governing document, the Bill of Rights only apply to laws passed on the federal level and thus states may choose to adopt any version of the bill of rights, excising or adding civil liberties at their own discretion.
This is a part of the 14th amendment which supersedes the precedent of leaving the states unabated from the Bill of Rights set by Barron v Baltimore (1833). It incorporates some amendments either partially or in their entirety as a mandatory part of state legislation to nationalize certain civil liberties. The First, Second, and Fourth Amendments have been incorporated fully which means that states must adhere to their wording. Because of a policy of “selective incorporation” adopted by the Supreme Court judging the 14th Amendment, the 5th, 6th, and 8th Amendments had only been partially incorporated meaning that only certain parts of each would be found in state legislation.
Procedural due process is a part of due process regarding the fairness of the way the law is carried out. It deals less with questioning the laws themselves and more with questioning the methods of law enforcement and the judicial process. In recent history, procedural due process has come up drastically with the brutal murders of young African Americans by white cops such as Trayvon Martin, Tamir Rice, Antwon Rose, Botham Shem Jean and many others. These horrible and unwarranted murders have reignited the flame of discussion surrounding the power of police and the effects of such power on police who are inherently racist.
Substantive Due Process is a part of due process which concerns the fairness of laws. Dealing less with the way laws are carried out, those who are advocates of substantive due process think about laws in a philosophical manner to identify which aspect of them exudes justice. In recent law, California and other states which have legalized marijuana use are releasing people from jail if they were imprisoned for smoking pot. This is because these states have deemed that these prisoners were unfairly prosecuted because the law which they are being imprisoned for is unfair in nature.
