Difference Between The 13th Amendment And The 14th Amendment

The Supreme Court decided to choose to hold on to certain provisions given in the 14th Amendment while at the same time it decided to let go certain provisions which it fet were unnecessary. The Privileges and Immunities Clause and Due Process Clause were certain clauses that came up in certain cases and were scrutinized and either adopted or discarded. The Court was thus selective in choosing provisions from the Bill of rights based on the need of the day. Right to a trial by a jury for a serious criminal case was selected by the justice system whereas the Right to a jury in a Civil Case that involved $20 or more was discarded. The Incorporation theory refers to the act of the U.S. Supreme Court applying federal protections in the Bill of Rights to the states using the Fourteenth

The second section is referred to as the Free Exercise Clause, since that 's exactly what it guarantees: you are allowed to practice any kind of religion you want, without interference from the government. This is what we might call a positive right, since it allows you to do something, rather than keeping you from doing it. Like all rights, of course, this comes with some conditions, among them being that the exercise of your religion can 't interfere with or prohibit the rights of other individuals.

The Establishment Clause is a little different, and more encompassing. This is a negative right, since it prohibits something rather than entitles it. Under this clause, the U.S. government is prohibited from establishing one religion above others. This is usually interpreted to mean that the Founding Fathers were trying to avoid the imposition of a 'state religion. ' Just like the Free Exercise Clause, though, there are times when it seems that religion and government can 't get out of each other 's way. Fortunately, the Constitution includes a process for resolving these questions: the U.S.