and bear arms, for the purpose of maintaining a militia. . The writ of habeas corpus was a common law procedure that allowed the courts to order the release of persons unlawfully imprisoned or detained. . The Third Amendment prohibits soldiers from being quartered in private residences during peacetime without permission, nor during war time except under special circumstances. Although some justices have taken the position that the entire Bill of Rights should be deemed incorporated, the Court has consistently held that each right must be examined separately to see if it so fundamental that it should be incorporated. The State Action Doctrine, although the coverage of most of the Bill of Rights has been expanded to the actions of state and local governments, it does not generally apply to private conduct. . House of Representatives, in which representation would be apportioned on the basis of a states free population plus three-fifths of its slave population. The first ten amendments to the.S.
It protects against deprivation of life liberty or property without due process of law (due process clause). . constitutional protection OF individual rights. Protection from excessive bail. Although it has been an important protection in some cases, the courts have given Congress great leeway in limiting the use of the writ. The states may not (1) abridge the privileges or immunities of citizens of the United States, nor (2) deprive any person of life liberty or property without due process of law, nor (3) deny any person the equal protection of the laws. The law also applies to private parties when they conspire with public officials to violate constitutional rights, or when they otherwise form a joint enterprise with the government. . Because ratification in many states was contingent on the promised addition of a Bill of Rights, Congress proposed 12 amendments in September 1789; 10 were ratified by the states, and their adoption was certified on December 15, 1791. Starting in 1897 the Court has held that certain protections of the Bill of Rights are so fundamental, that when a state denies them it denies due process of law guaranteed by the Fourteenth Amendment. . This state action doctrine applies not only to the Bill of Rights, but also to the due process and equal protection clauses of the Fourteenth Amendment. .