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Incorporation of the Bill of Rights
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Incorporation, in United States law, is the doctrine by which portions of the Bill of Rights have been made applicable to the states. When the Bill of Rights was first ratified, courts held that its protections only extended to the actions of the federal government and that the Bill of Rights did not place limitations on the authority of state and local governments. However, in the post-Civil War era, beginning in 1865 with the Thirteenth Amendment- declaring the abolition of slavery- gave rise to the incorporation of other Amendments, providing more rights to the states and people over time. Gradually, various portions of the Bill of Rights have been held to be applicable to state and local governments by incorporation through the Fourteenth Amendment in 1868, and the Fifteenth Amendment in 1870.
Prior to the ratification of the Fourteenth Amendment and the development of the incorporation doctrine, the Supreme Court in 1833 held in Barron v. Baltimore that the Bill of Rights applied only to the federal, but not any state governments. Even years after the ratification of the Fourteenth Amendment, the Supreme Court in United States v. Cruikshank (1876) still held that the First and Second Amendment did not apply to state governments. However, beginning in the 1920s, a series of United States Supreme Court decisions interpreted the Fourteenth Amendment to "incorporate" most portions of the Bill of Rights, making these portions, for the first time, enforceable against the state governments.
Contents
1 History
1.1 Background
1.2 Incorporation
1.3 Selective versus total incorporation
1.4 Due process interpretation
1.5 Incorporation under privileges or immunities
2 Specific amendments
2.1 Amendment I
2.2 Amendment II
2.3 Amendment III
2.4 Amendment IV
2.5 Amendment V
2.6 Amendment VI
2.7 Amendment VII
2.8 Amendment VIII
3 Reverse incorporation
4 References
5 Further reading
History[edit]
Background[edit]
No person shall ... be deprived of life, liberty, or property, without due process of law ...
— Due Process Clause of the Fifth Amendment (1791)
The United States Bill of Rights is the first ten amendments to the United States Constitution.[1] Proposed following the oftentimes bitter 1787–88 battle over ratification of the United States Constitution, and crafted to address the objections raised by Anti-Federalists, the Bill of Rights amendments add to the Constitution specific guarantees of personal freedoms and rights, clear limitations on the government's power in judicial and other proceedings, and explicit declarations that all powers not specifically delegated to Congress by the Constitution are reserved for the states or the people. The concepts codified in these amendments are built upon those found in several earlier documents, including the Virginia Declaration of Rights and the English Bill of Rights 1689, along with earlier documents such as Magna Carta (1215). Although James Madison's proposed amendments included a provision to extend the protection of some of the Bill of Rights to the states, the amendments that were finally submitted for ratification applied only to the federal government.
[N]or shall any State deprive any person of life, liberty, or property, without due process of law ...
— Due Process Clause of the Fourteenth Amendment (1868)
In the 1833 case of Barron v. Baltimore, the Supreme Court of the United States held that the Bill of Rights did not apply to state governments; such protections were instead provided by the constitutions of each state. After the Civil War, Congress and the states ratified the Fourteenth Amendment, which included the Due Process Clause and the Privileges or Immunities Clause. While the Fifth Amendment had included a due process clause, the due process clause of the Fourteenth Amendment crucially differed from the Fifth Amendment in that it explicitly applied to the states. The Privileges or Immunities Clause also explicitly applied to the states, unlike the Privileges and Immunities Clause of Article IV of the Constitution. In the Slaughter-House Cases (1873), the Supreme Court ruled that the Privileges or Immunities Clause was not designed to protect individuals from the actions of state governments. In Twining v. New Jersey (1908), the Supreme Court acknowledged that the Due Process Clause might incorporate some of the Bill of Rights, but continued to reject any incorporation under the Privileges or Immunities Clause.[2]
Incorporation[edit]
The doctrine of incorporation has been traced back to either Chicago, Burlington and Quincy Railroad v. City of Chicago (1897) in which the Supreme Court appeared to require some form of just compensation for property appropriated by state or local authorities (although there was a state statute on the books that provided the same guarantee) or, more commonly, to Gitlow v. New York (1925), in which the Court expressly held that States were bound to protect freedom of speech. Since that time, the Court has steadily incorporated most of the significant provisions of the Bill of Rights.[3] Provisions that the Supreme Court either has refused to incorporate, or whose possible incorporation has not yet been addressed include the Fifth Amendment right to an indictment by a grand jury, and the Seventh Amendment right to a jury trial in civil lawsuits.
Incorporation applies both procedurally and substantively to the guarantees of the states. Thus, procedurally, only a jury can convict a defendant of a serious crime, since the Sixth Amendment jury-trial right has been incorporated against the states; substantively, for example, states must recognize the First Amendment prohibition against a state-established religion, regardless of whether state laws and constitutions offer such a prohibition. The Supreme Court has declined, however, to apply new procedural constitutional rights retroactively against the states in criminal cases (Teague v. Lane, 489 U.S. 288 (1989)) with limited exceptions, and it has waived constitutional requirements if the states can prove that a constitutional violation was "harmless beyond a reasonable doubt."[citation needed]
Rep. John Bingham, the principal framer of the Fourteenth Amendment, advocated that the Fourteenth applied the first eight Amendments of the Bill of Rights to the States.[4] The U.S. Supreme Court subsequently declined to interpret it that way, despite the dissenting argument in the 1947 case of Adamson v. California by Supreme Court Justice Hugo Black that the framers' intent should control the Court's interpretation of the Fourteenth Amendment (he included a lengthy appendix that quoted extensively from Bingham's congressional testimony).[5] Although the Adamson Court declined to adopt Black's interpretation, the Court during the following twenty-five years employed a doctrine of selective incorporation that succeeded in extending to the States almost all of the protections in the Bill of Rights, as well as other, unenumerated rights.[6] The Bill of Rights thus imposes legal limits on the powers of governments and acts as an anti-majoritarian/minoritarian safeguard by providing deeply entrenched legal protection for various civil liberties and fundamental rights.[7][8][9] The Supreme Court for example concluded in the West Virginia State Board of Education v. Barnette (1943) case that the founders intended the Bill of Rights to put some rights out of reach from majorities, ensuring that some liberties would endure beyond political majorities.[7][8][9][10] As the Court noted the idea of the Bill of Rights "was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts."[10][11] This is why "fundamental rights may not be submitted to a vote; they depend on the outcome of no elections."[10][11] The 14th Amendment has vastly expanded civil rights protections and is cited in more litigation than any other amendment to the U.S. Constitution.[6]
Selective versus total incorporation[edit]
In the 1940s and 1960s the Supreme Court gradually issued a series of decisions incorporating several of the specific rights from the Bill of Rights, so as to be binding upon the States.[12] A dissenting school of thought championed by Justice Hugo Black supported that incorporation of specific rights, but urged incorporation of all specific rights instead of just some of them. Black was for so-called mechanical incorporation, or total incorporation, of Amendments 1 through 8 of the Bill of Rights (Amendments 9 and 10 being patently connected to the powers of the state governments).[13] Black felt that the Fourteenth Amendment required the States to respect all of the enumerated rights set forth in the first eight amendments, but he did not wish to see the doctrine expanded to include other, unenumerated "fundamental rights" that might be based on the Ninth Amendment. Black felt that his formulation eliminated any arbitrariness or caprice in deciding what the Fourteenth Amendment ought to protect, by sticking to words already found in the Constitution. Although Black was willing to invalidate federal statutes on federalism grounds, he was not inclined to read any of the first eight amendments as states' rights provisions as opposed to individual rights provisions.[13] Justice Black felt that the Fourteenth Amendment was designed to apply the first eight amendments from the Bill of Rights to the states, as he expressed in his dissenting opinion in Adamson v. California.[14] This view was again expressed by Black in his concurrence in Duncan v. Louisiana citing the Fourteenth Amendment's Privileges or Immunities Clause: "'No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States' seem to me an eminently reasonable way of expressing the idea that henceforth the Bill of Rights shall apply to the States."[15]
Due process interpretation[edit]
Justice Felix Frankfurter, however, felt that the incorporation process ought to be incremental, and that the federal courts should only apply those sections of the Bill of Rights whose abridgment would "shock the conscience," as he put it in Rochin v. California (1952). Such a selective incorporation approach followed that of Justice Moody, who wrote in Twining v. New Jersey (1908) that "It is possible that some of the personal rights safeguarded by the first eight Amendments against National action may also be safeguarded against state action, because a denial of them would be a denial of due process of law. If this is so, it is not because those rights are enumerated in the first eight Amendments, but because they are of such a nature that they are included in the conception of due process of law." The due process approach thus considers a right to be incorporated not because it was listed in the Bill of Rights, but only because it is required by the definition of due process, which may change over time. For example, Moody's decision in Twining stated that the 5th Amendment right against self-incrimination was not inherent in a conception of due process and so did not apply to states, but was overruled in Malloy v. Hogan (1964). Similarly, Justice Cardozo stated in Palko v. Connecticut (1937) that the right against double jeopardy was not inherent to due process and so does not apply to the states, but that was overruled in Benton v. Maryland (1969). Frankfurter's incrementalist approach did carry the day, but the end result is very nearly what Justice Black advocated, with the exceptions noted below.
Incorporation under privileges or immunities[edit]
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States....
— Privileges or Immunities Clause of the Fourteenth Amendment
Some have suggested that the Privileges or Immunities Clause would be a more appropriate textual basis than the due process clause for incorporation of the Bill of Rights.[16] It is often said that the Slaughter-House Cases "gutted the privileges or immunities clause" and thus prevented its use for applying the Bill of Rights against the states.[17] In his dissent to Adamson v. California, however, Justice Hugo Black pointed out that the Slaughter-House Cases did not directly involve any right enumerated in the Constitution:
[T]he state law under consideration in the Slaughter-House cases was only challenged as one which authorized a monopoly, and the brief for the challenger properly conceded that there was "no direct constitutional provision against a monopoly." The argument did not invoke any specific provision of the Bill of Rights, but urged that the state monopoly statute violated "the natural right of a person" to do business and engage in his trade or vocation.[18]
Thus, in Black's view, the Slaughterhouse Cases should not impede incorporation of the Bill of Rights against the states, via the Privileges or Immunities Clause. Some scholars go even further, and argue that the Slaughterhouse Cases affirmatively supported incorporation of the Bill of Rights against the states.[19] In dicta, Justice Miller's opinion in Slaughterhouse went so far as to acknowledge that the "right to peaceably assemble and petition for redress of grievances ... are rights of the citizen guaranteed by the Federal Constitution," although in context Miller may have only been referring to assemblies for petitioning the federal government.[20]
In the 2010 landmark case McDonald v. Chicago, the Supreme Court declared the Second Amendment is incorporated through the Due Process Clause. However, Justice Thomas, the fifth justice in the majority, criticized substantive due process and declared instead that he reached the same incorporation only through the Privileges or Immunities Clause. No other justice attempted to question his rationale. This is considered by some as a "revival" of the Privileges or Immunities Clause,[21] however as it is a concurring opinion and not the majority opinion in the case, it is not binding precedent in lower courts; it is merely an indication that SCOTUS may be inclined, given the proper question, to reconsider and ultimately reverse the Slaughterhouse Cases.
Specific amendments[edit]
Many of the provisions of the First Amendment were applied to the States in the 1930s and 1940s, but most of the procedural protections provided to criminal defendants were not enforced against the States until the Warren Court of the 1960s, famous for its concern for the rights of those accused of crimes, brought state standards in line with federal requirements. The following list enumerates, by amendment and individual clause, the Supreme Court cases that have incorporated the rights contained in the Bill of Rights. (The Ninth Amendment is not listed; its wording indicates that it "is not a source of rights as such; it is simply a rule about how to read the Constitution."[22] The Tenth Amendment is also not listed; by its wording, it is a reservation of powers to the states and to the people.)
Amendment I[edit]
Guarantee against establishment of religion
This provision has been incorporated against the states. See Everson v. Board of Education, 330 U.S. 1 (1947).[23]
Guarantee of free exercise of religion
This provision has been incorporated against the states. See Cantwell v. Connecticut, 310 U.S. 296 (1940).
Guarantee of freedom of speech
This provision has been incorporated against the states. See Gitlow v. New York, 268 U.S. 652 (1925)(dicta).
Guarantee of freedom of the press
This provision has been incorporated against the states. See Near v. Minnesota, 283 U.S. 697 (1931).
Guarantee of freedom of assembly
This provision has been incorporated against the states. See DeJonge v. Oregon, 299 U.S. 353 (1937).
Guarantee of the right to petition for redress of grievances
This provision has been incorporated against the states. See Edwards v. South Carolina, 372 U.S. 229 (1963).[24][25]
Guarantee of freedom of expressive association
This right, though not in the words of the first amendment, was first mentioned in the case NAACP v. Alabama, 357 U.S. 449 (1958)[26] and was at that time applied to the states. See also Roberts v. United States Jaycees, 468 U.S. 609 (1984), where the U.S. Supreme Court held that "implicit in the right to engage in activities protected by the First Amendment" is "a corresponding right to associate with others in pursuit of a wide variety of political, social, economic, educational, religious, and cultural ends."
Amendment II[edit]
Right to keep and bear arms
This right has been incorporated against the states. Described as a fundamental and individual right that will necessarily be subject to strict scrutiny by the courts, see McDonald v. City of Chicago (2010). Self Defense is described as "the central component" of the Second Amendment in McDonald, supra., and upheld District of Columbia v. Heller 554 U.S (2008) concluding the Fourteenth Amendment incorporates the Second Amendment right, recognized in Heller, to keep and bear arms for the purpose of self-defense. The 14th Amendment makes the 2nd Amendment right to keep and bear arms fully applicable to the States, see, McDonald vs. City of Chicago (2010). "The right to keep and bear arms must be regarded as a substantive guarantee, not a prohibition that could be ignored as long as the States legislated in an evenhanded manner," McDonald, supra..
Amendment III[edit]
Freedom from quartering of soldiers
This provision has been incorporated against the states within the jurisdiction of the United States Court of Appeals for the Second Circuit, but has not been incorporated against the states elsewhere.
In 1982, the Second Circuit applied the Third Amendment to the states in Engblom v. Carey. This is a binding authority over Connecticut, New York, and Vermont, but is only a persuasive authority over the remainder of the United States.
The Tenth Circuit has suggested that the right is incorporated because the Bill of Rights explicitly codifies the "fee ownership system developed in English law" through the Third, Fourth, and Fifth Amendments, and the Fourteenth Amendment likewise forbids the states from depriving citizens of their property without due process of law. See United States v. Nichols, 841 F.2d 1485, 1510 n.1 (10th Cir. 1988).
The "problem" is that the third amendment, by and large, is the only one that is almost never violated by the states and Federal government; almost nobody is suing over the issue, so very few cases are being heard. The U.S. Supreme Court has never had a third amendment case appealed to it.
Amendment IV[edit]
Unreasonable search and seizure
This right has been incorporated against the states by the Supreme Court's decision in Mapp v. Ohio, 367 U.S. 643 (1961), although there is dicta in Wolf v. Colorado, 338 U.S. 25 (1949), saying the "core" of the Fourth Amendment applied to the States.
The remedy of exclusion of unlawfully seized evidence, the exclusionary rule, has been incorporated against the states. See Mapp v. Ohio. In Mapp, the Court overruled Wolf v. Colorado in which the Court had ruled that the exclusionary rule did not apply to the states.
Warrant requirements
The various warrant requirements have been incorporated against the states. See Aguilar v. Texas, 378 U.S. 108 (1964).
The standards for judging whether a search or seizure undertaken without a warrant was "unreasonable" also have been incorporated against the states. See Ker v. California, 374 U.S. 23 (1963).
Amendment V[edit]
Right to indictment by a grand jury
This right has been held not to be incorporated against the states. See Hurtado v. California, 110 U.S. 516 (1884).
Protection against double jeopardy
This right has been incorporated against the states. See Benton v. Maryland, 395 U.S. 784 (1969).
Constitutional privilege against self-incrimination
This right has been incorporated against the states.[27][28]
Self Incrimination in Court See Griffin v. California, 380 U.S. 609 (1965), Malloy v. Hogan , 378 U.S. 1 (1964).
Miranda See Miranda v. Arizona, 348 U.S. 436 (1966).
A note about the Miranda warnings: The text of the Fifth Amendment does not require that the police, before interrogating a suspect whom they have in custody, give him or her the now-famous Miranda warnings. Nevertheless, the Court has held that these warnings are a necessary prophylactic device, and thus required by the Fifth Amendment by police who interrogate any criminal suspect in custody, regardless of whether he or she is ultimately prosecuted in state or federal court.
Protection against taking of private property without just compensation
This right has been incorporated against the states. See Chicago, Burlington & Quincy Railroad Co. v. City of Chicago, 166 U.S. 226 (1897).
Amendment VI[edit]
Right to a speedy trial
This right has been incorporated against the states. See Klopfer v. North Carolina, 386 U.S. 213 (1967).
Right to a public trial
This right has been incorporated against the states. See In re Oliver, 333 U.S. 257 (1948).
Right to trial by impartial jury
This right has been incorporated against the states. See Duncan v. Louisiana, 391 U.S. 145 (1968), which guarantees the right to a jury trial in non-petty cases.[29] See also Parker v. Gladden, 385 U.S. 363 (1966), where the Supreme Court ruled "that the statements of the bailiff to the jurors are controlled by the command of the Sixth Amendment, made applicable to the States through the Due Process Clause of the Fourteenth Amendment. It guarantees that 'the accused shall enjoy the right to a trial, by an impartial jury [...].'"[29][dead link] However, the size of the jury, as well as the requirement that it unanimously reach its verdict, vary between federal and state courts. Even so, the Supreme Court has ruled that a jury in a criminal case may have as few as six members. Williams v. Florida, 399 U.S. 78 (1970). If there are twelve, only nine jurors need agree on a verdict. Furthermore, there is no right to a jury trial in juvenile delinquency proceedings held in state court. See McKeiver v. Pennsylvania, 403 U.S. 528 (1971).
Right to a jury selected from residents of the state and district where the crime occurred
This right has not been incorporated against the states. See Caudill v. Scott, 857 F.2d 344 (6th Cir. 1988); Cook v. Morrill, 783 F.2d 593 (5th Cir. 1986); Zicarelli v. Dietz, 633 F.2d 312 (3d Cir. 1980).
Right to notice of accusations
This right has been incorporated against the states. See In re Oliver, 333 U.S. 257 (1948). See also Rabe v. Washington, 405 U.S. 313 (1972).[29]
Right to confront adverse witnesses
This right has been incorporated against the states. See Pointer v. Texas, 380 U.S. 400 (1965).
Right to compulsory process (subpoenas) to obtain witness testimony
This right has been incorporated against the states. See Washington v. Texas, 388 U.S. 14 (1967).
Right to assistance of counsel
This right has been incorporated against the states. See Powell v. Alabama 287 U.S. 45 (1932), for capital cases, see Gideon v. Wainwright, 372 U.S. 335 (1963) for all felony cases, and see Argersinger v. Hamlin, 407 U.S. 25 (1972) for imprisonable misdemeanors.[29] In subsequent decisions, the Court extended the right to counsel to any case in which a jail sentence is imposed.
Amendment VII[edit]
Right to jury trial in civil cases
This right has not been incorporated against the states. See Minneapolis & St. Louis R. Co. v. Bombolis, 241 U.S. 211 (1916) and Pearson v. Yewdall, 95 U.S. 294 (1877)
Re-Examination Clause
This right has not been incorporated against the states. See Minneapolis & St. Louis R. Co. v. Bombolis, 241 U.S. 211 (1916)[30]
Amendment VIII[edit]
Protection against excessive bail
This right may have been incorporated against the states. In Schilb v. Kuebel, 404 U.S. 357 (1971), the Court stated in dicta: "Bail, of course, is basic to our system of law, and the Eighth Amendment's proscription of excessive bail has been assumed to have application to the States through the Fourteenth Amendment." In Murphy v. Hunt, 455 U.S. 478 (1982), the Court did not reach the issue because the case was dismissed as moot. Bail was included in the list of incorporated rights in McDonald footnote 12, citing Schilb.
Protection against excessive fines
This right has not been incorporated. See McDonald v. City of Chicago, 561 U.S. 742 footnote 13 (2010).
Timbs v. Indiana is currently before the Supreme Court. In Timbs, Indiana confiscated Mr. Timbs' $42,000 Land Rover after he was found to have used it to deal small amounts of Heroin. The Indiana Supreme Court rejected his appeal, ruling the Excessive Fines Clause of the Eighth Amendment did not apply to a state, rather than federal, fine. A decision is expected by June 2019.
Protection against cruel and unusual punishments
This right has been incorporated against the states. See Robinson v. California, 370 U.S. 660 (1962). This holding has led the Court to suggest, in dicta, that the excessive bail and excessive fines protections have also been incorporated. See Baze v. Rees, 128 S. Ct. 1520, 1529 (2008).
Reverse incorporation[edit]
A similar legal doctrine to incorporation is that of reverse incorporation. Whereas incorporation applies the Bill of Rights to the states through the Due Process Clause of the Fourteenth Amendment, in reverse incorporation, the Equal Protection Clause of the Fourteenth Amendment has been held to apply to the federal government through the Due Process Clause located in the Fifth Amendment.[31] For example, in Bolling v. Sharpe, 347 U.S. 497 (1954), which was a companion case to Brown v. Board of Education, the schools of the District of Columbia were desegregated even though Washington is a federal enclave. Likewise, in Adarand Constructors, Inc. v. Peña 515 U.S. 200 (1995), an affirmative action program by the federal government was subjected to strict scrutiny based on equal protection.
References[edit]
Jump up ^ "The Charters of Freedom: The Bill of Rights". Washington D.C.: National Archives and Records Administration. Retrieved October 4, 2015.
Jump up ^ Chu, Vivian (21 September 2009). "The Second Amendment and Incorporation: An Overview of Recent Appellate Cases" (PDF). Congressional Research Service. Retrieved 13 October 2017.
Jump up ^ See, e.g., Constitutional Rights Foundation discussion, giving summary, extensive WWW links and timeline; JRank Law Library; Encyclopedia.com Article;BYU Law Review Article
Jump up ^ Congressional Globe: Debates and Proceedings, 1833–1873
Jump up ^ Adamson v. California, 332 U.S. 46, 92-118 (1947)
^ Jump up to: a b "Primary Documents in American History", Library of Congress
^ Jump up to: a b Jeffrey Jowell and Jonathan Cooper (2002). Understanding Human Rights Principles. Oxford and Portland, Oregon: Hart Publishing. p. 180. Retrieved 16 March 2017.
^ Jump up to: a b Loveland, Ian (2002). "Chapter 18 - Human Rights I: Traditional Perspectives". Constitutional Law, Administrative Law, and Human Rights: A Critical Introduction (Seventh ed.). London: Oxford University Press. p. 559. Retrieved 16 March 2017.
^ Jump up to: a b Jayawickrama, Nihal (2002). The Judicial Application of Human Rights Law: National, Regional and International Jurisprudence. Cambridge: Cambridge University Press. p. 98. Retrieved 16 March 2017.
^ Jump up to: a b c West Virginia State Board of Education v. Barnette , 319 U.S. 624, Majority Opinion, item 3 (US 1943) (""The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections."").
^ Jump up to: a b Obergefell v. Hodges, No. 14-556, slip op. at 24 (U.S. June 26, 2015).
Jump up ^ Steffen W. Schmidt, Mack C. Shelley, Barbara A. Bardes: American Government and Politics Today, Page 71. Thomson Wadsworth, 2004.
^ Jump up to: a b Amar, Akhil Reed: The Bill of Rights: Creation and Reconstruction , Page 234. Yale University Press, 1998
Jump up ^ Curtis, Michael Kent (1994) [1986]. No State Shall Abridge (Second printing in paperback ed.). Duke University Press. pp. 5, 202. ISBN 0-8223-0599-2.
Jump up ^ Curtis, Michael Kent (1994) [1986]. No State Shall Abridge (Second printing in paperback ed.). Duke University Press. p. 202. ISBN 0-8223-0599-2.
Jump up ^ See Doherty, Brian. "Killing Slaughterhouse: Understanding the controversial 1873 decision at the center of the Supreme Court's upcoming gun rights fight," Reason Magazine Retrieved 2010-01-26.
Jump up ^ See Pilon, Roger. "Lawless Judges: Refocusing the Issue for Conservatives," Georgetown Journal of Law and Public Policy Volume II, page 21 (2000).
Jump up ^ Adamson v. California, 332 U.S. 46 (1947) (Black, J., dissenting).
Jump up ^ See Wildenthal, Bryan. "The Lost Compromise: Reassessing the Early Understanding in Court and Congress on Incorporation of the Bill of Rights in the Fourteenth Amendment". Ohio State Law Journal, Vol. 61 (2000).
Jump up ^ Slaughter-House Cases, 83 U.S. 36 (1873).
Jump up ^ Privileges or Immunities Clause alive again
Jump up ^ Laurence H. Tribe, American Constitutional Law 776 n. 14 (2nd ed. 1998)
Jump up ^ Justice Thomas, in a concurring opinion in Elk Grove Unified School District v. Newdow, expressed his view that Everson was wrongly decided and that incorporation of the Establishment Clause is not justified under the Constitution. See Nussbaum, Martha Craven (2008). Liberty of conscience: in defense of America's tradition of religious equality. Basic Books. pp. 105 et seq. and Chapter 4. ISBN 0-465-05164-2. Nebraska Law Review Article.
Jump up ^ Hartman, Gary, Roy M. Mersky, and Cindy L. Tate (2004). "Landmark Supreme Court Cases: "Edwards v. South Carolina."". New York: Facts On File, Inc., 2004. American History Online. Retrieved 15 August 2013. CS1 maint: Multiple names: authors list (link)
Jump up ^ "Pearson Prentice Hall: Supreme Court Cases - Edwards v. South Carolina, 1963". Pearson Education, Inc. Pearson Education, Inc. Retrieved 15 August 2013.
Jump up ^ Vance, Laurence M. "Does the First Amendment Protect the Freedom of Association? The Future of Freedom Foundation". The Future of Freedom Foundation.
Jump up ^ Akhil Reed Amar and Renee Lettow Lerner, "Fifth Amendment First Principles: The Self- Incrimination Clause", Michigan Law Review 93 (1995): 857, accessed February 15, 2015.
Jump up ^ Robert L. Cord, "Neo-Incorporation: The Burger Court and the Due Process Clause of the Fourteenth Amendment," Fordham Law Review 44, no. 2 (1975): 215-230, accessed February 13, 2015.
^ Jump up to: a b c d "Bill of Rights Institute: Incorporation". Bill of Rights Center. Archived from the original on 12 October 2013. Retrieved 11 October 2013.
Jump up ^ "The Constitution of the United States of America: Analysis, and Interpretation - 1992 Edition --> Amendments to the Constitution --> Seventh Amendment - Civil Trials". U.S. Government Printing Office. U.S. Government Printing Office. 1992. p. 1453. Retrieved 4 July 2013. The Amendment governs only courts which sit under the authority of the United States, including courts in the territories and the District of Columbia, and does not apply generally to state courts.
Jump up ^ Columbia Law Review, May 2004
Further reading[edit]
J. Lieberman (1999). A Practical Companion to the Constitution. Berkeley: University of California Press.
Regina McClendon, Public Law Research Institute (1994) (stating that "[t]he almost total incorporation of the Bill of Rights lends support to the theory that incorporation of the Second Amendment is inevitable"). "Limits On The Power Of States To Regulate Firearms". W3.uchastings.edu. Archived from the original on 2007-10-13. Retrieved 2008-09-06.
American Jurisprudence, 2d ed., "Constitutional Law" § 405.
Ernest H. Schopler, Comment Note—What Provisions of the Federal Constitution's Bill of Rights Are Applicable to the States, 23 L. Ed. 2d 985 (Lexis).
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Gomti Nagar railway station
From Wikipedia, the free encyclopedia
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Gomti Nagar
गोमती नगर
Express train and Passenger train station
Location
Vibhuti Khand, Gomti Nagar, Lucknow, Uttar Pradesh
India
Coordinates
26°51′38″N 81°00′12″E / 26.8606°N 81.0033°E / 26.8606; 81.0033Coordinates: 26°51′38″N 81°00′12″E / 26.8606°N 81.0033°E / 26.8606; 81.0033
Elevation
119 metres (390 ft)
Owned by
Indian Railways
Operated by
North Eastern Railway zone
Line(s)
Barabanki-Lucknow Suburban Railway
Lucknow-Gorakhpur line
Gomti Nagar-Dilkusha line (under construction)
Lucknow-Faizabad-Varanasi line
Lucknow-Gonda-Balrampur
Platforms
3
Tracks
3
Connections
Auto stand
Construction
Structure type
Standard (on ground station)
Parking
No
Bicycle facilities
No
Other information
Status
Functioning
Station code
GTNR
Zone(s)
North Eastern Railway zone
Division(s)
Lucknow NER
Electrified
Yes
Services
Preceding station
Indian Railways
Following station
Badshahnagar
Northern Railway zone
Barabanki-Lucknow Suburban Railway
Malhaur
Gomti Nagar railway station is a small railway station in Lucknow district, Uttar Pradesh. Its code is GTNR. It serves Gomti Nagar area of Lucknow city. The station consists of 3 platforms.
Gomti Nagar is one of the local stations in Lucknow and lies on Barabanki-Lucknow Suburban Railway. Many stations are covered by Lucknow-Kanpur Suburban Railway. It serves daily commuters. Some of the trains are operated from Barabanki city. The honorable Home minister and the MP from the city Rajnath Singh has announced that Gomti Nagar will be developed into an international level railway station and the number of platforms will be increased to six. The facilities will be world class. Many northeast bound trains like Krishak express, Gorakhpur intercity, Faizabad passenger, etc. will originate and terminate here. It will be developed as a satellite station to reduce pressure on Charbagh railway station. After its development following a three phase project it will be renamed as Gomti Nagar Terminus.[1][2]
In 2013, Railway Minister DV Sadananda Gowda declared that a paltry Rs three crore for its second phase development and upgradation of amenities at Gomti Nagar station.[3][4]
References[edit]
Jump up ^ Shukla, Neha (25 April 2008). "Bullet train from Lucknow to Kanpur". Times of India.
Jump up ^ Joshi, Sandeep (23 January 2015). "UP govt. planning high-speed metro rail project between Lucknow, Kanpur". The Hindu.
Jump up ^ TNN (8 September 2015). "Rs 108cr sanctioned for Gomtinagar station development". Times of India.
Jump up ^ PTI (14 January 2015). "Railways to ask NBCC to redevelop Gomtinagar and Bhubaneswar stations". The Economic Times.
External links[edit]
Gomti Nagar railway station at the India Rail Info
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See also
Delhi & NCR Metro stations
Portal:Railways in India

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text:
List of One Day International cricket double centuries
From Wikipedia, the free encyclopedia
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A double century (200 runs or more) in One Day Internationals (ODIs) has been scored on 8 occasions by 6 different batsmen/women from four of the twelve Test-cricket playing nations.[1] No player from Bangladesh, England, Pakistan, South Africa, Sri Lanka, Zimbabwe , Afghanistan , Ireland or Australia has scored 200.[1]
The first player to score a double century in ODI's is Belinda Clark, in a women's world cup game in 1997 against Denmark. The first player to score a double century in ODI's against a test playing nation was Sachin Tendulkar in India against South Africa in 2010 during the second ODI of the bilateral series in Gwalior. The most double centuries by players from one country is five by India. Two double centuries have been scored in World Cup matches, namely Chris Gayle of West Indies and Martin Guptill of New Zealand, both during the ICC World Cup 2015. Rohit Sharma is the only player to have three double centuries in ODIs.
Contents
[hide]
1 Key
2 ODI Cricket
3 Women's ODI cricket
4 Notes
5 Footnotes
6 References
Key[edit]
* denotes that the player remained not out.
Runs denotes the number of runs scored by the player.
S/R denotes the strike rate of the player (runs scored per 100 balls)
Innings denotes which of the team's batting innings the double century was scored in.
Date denotes the date the match started on.
denotes that the total is/was a world record score at the time.
denotes the match was part of the ICC Cricket World Cup/Women's Cricket World Cup.
ODI Cricket[edit]
List of One Day International cricket double centuries[1]
No.
Runs
Batsman
S/R
For
Against
ODI
Venue
Date
1 200* Tendulkar, SachinSachin Tendulkar[1] 136.05 India South Africa 2962 Captain Roop Singh Stadium, Gwalior, India 24 February 2010
2 219 Sehwag, VirenderVirender Sehwag[2] 146.98 India West Indies 3223 Holkar Stadium, Indore, India 8 December 2011
3 209 Sharma, RohitRohit Sharma[3] 132.28 India Australia 3428 M. Chinnaswamy Stadium, Bangalore, India 2 November 2013
4 264 Sharma, RohitRohit Sharma[4] 152.60 India Sri Lanka 3544 Eden Gardens, India 13 November 2014
5 215 Gayle, ChrisChris Gayle[5] 146.30 West Indies Zimbabwe 3612 Manuka Oval, Canberra, Australia 24 February 2015
6 237* Guptill, MartinMartin Guptill[6] 145.40 New Zealand West Indies 3643 Wellington Regional Stadium, Wellington, New Zealand 22 March 2015
7 208* Sharma, RohitRohit Sharma[7] 135.95 India Sri Lanka 3941 Punjab Cricket Association IS Bindra Stadium, Mohali, India 13 December 2017
Women's ODI cricket[edit]
List of One Day International cricket double centuries[1]
No.
Runs
BatsWoman
S/R
For
Against
ODI
Venue
Date
1 229* Clark, BelindaBelinda Clark[8] 147.74 Australia Denmark [9] Middle Income Group Ground, Mumbai, India 16 December 1997
Notes[edit]
^ Batting first, Tendulkar shared stands of 196 for the second wicket with Dinesh Karthik (79), 81 for the third wicket with Yusuf Pathan (36), and 101 for the fourth wicket with Mahendra Singh Dhoni (68*) on the way to an India total of 401 for 3. India won by 153 runs, despite AB de Villiers of South Africa scoring 114* in the second innings. Tendulkar became the first batsman to score a double hundred in Men's One Day Internationals, achieving the landmark in 147 balls. It was also the first double century by an Indian in One Day Internationals.[2]
^ Batting first, Sehwag shared stands of 176 for the first wicket with Gautam Gambhir (67), and 140 for the second wicket with Suresh Raina (55) on the way to an India total of 418 for 5. India won by 153 runs, despite Denesh Ramdin of the West Indies scoring 96 in the second innings. The total of 418 is the highest by India batting first till date and Sehwag's 219 is the first One Day International double century reached with a four.[3]
^ Batting first, Sharma shared stands of 112 for the first wicket with Shikhar Dhawan (60), 72 for the second wicket with Suresh Raina (28), and 167 for the second wicket with Mahendra Singh Dhoni (62) on the way to an India total of 383 for 6. India won by 57 runs, despite James Faulkner of Australia putting up some resistance with 116 in the second innings. This is the only One Day International double century reached with a six.[4]
^ Batting first, Sharma shared stands of 202 for the third wicket with Virat Kohli (66), and 128 with Robin Uthappa (16*) on the way to an India total of 404 for 5. India won by 153 runs. as Sri Lanka were bowled out for 251. With this match, Sharma became the only batsman till date to score more than one double century in One Day Internationals. This is the second One Day International double century reached with a four.[5]
^ Batting first, Gayle shared a stand of 372 for the second wicket with Marlon Samuels (133*) also making a century on the way to a West Indies total of 372 for 2. The match was delayed by rain leading to Zimbabwe's target being adjusted as per the Duckworth–Lewis method to 363 off 48 overs. In reply, Zimbabwe were dismissed for 289 as West Indies won by 73 runs. Gayle became the first non-Indian to score a double century in One Day Internationals and the first batsman to score a double hundred in the Cricket World Cup. The partnership of 372 between Gayle and Samuels is the highest for any wicket in One Day Internationals. This is the third One Day International double century reached with a four.[6]
^ Batting first, Guptill shared stands of 62 for the second wicket with Kane Williamson (33), 143 for the third wicket with Ross Taylor (42), and 55 for the fourth wicket with Grant Elliott (27) on the way to a New Zealand total of 393 for 6. New Zealand won by 143 runs meeting with little resistance from the West Indies. Guptill's 237* was the first double century scored in the knockout stage of the Cricket World Cup. This is the fourth One Day International double century reached with a four.[7]
^ Batting first, Sharma shared stands of 115 for the first wicket with Shikhar Dhawan (68) and 213 for the second wicket with Shreyas Iyer (88) on the way to India total of 392 for 4.
^ Batting first, Clark shared stands of 168 for the first wicket with Lisa Keightley (60), and 136 for the second wicket with Karen Rolton (64) on the way to a team total of 412 for 3. Australia won by a mammoth 363 runs. Clark became the first player to score a double hundred in One Day Internationals. [8]
Footnotes[edit]
^ Jump up to: a b c d "Records / One-Day Internationals / Batting records / Most runs in an innings". ESPNcricinfo. Retrieved 17 August 2015.
Jump up ^ "South Africa tour of India, 2nd ODI: India v South Africa at Gwalior, Feb 24, 2010". ESPNcricinfo. Retrieved 22 August 2015.
Jump up ^ "West Indies tour of India, 4th ODI: India v West Indies at Indore, Dec 8, 2011". ESPNcricinfo. Retrieved 22 August 2015.
Jump up ^ "Australia tour of India, 7th ODI: India v Australia at Bangalore, Nov 2, 2013". ESPNcricinfo. Retrieved 22 August 2015.
Jump up ^ "Sri Lanka tour of India, 4th ODI: India v Sri Lanka at Kolkata, Nov 13, 2014". ESPNcricinfo. Retrieved 22 August 2015.
Jump up ^ "ICC Cricket World Cup, 15th Match, Pool B: West Indies v Zimbabwe at Canberra, Feb 24, 2015". ESPNcricinfo. Retrieved 22 August 2015.
Jump up ^ "ICC Cricket World Cup, 4th: New Zealand v West Indies at Wellington, Mar 21, 2015". ESPNcricinfo. Retrieved 22 August 2015.
Jump up ^ "Hero Honda Women's World Cup, 18th Match: Australia Women v Denmark Women at Mumbai, Dec 16, 1997". ESPNcricinfo. Retrieved 15 May 2017.
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Second Green Revolution
From Wikipedia, the free encyclopedia
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The Second Green Revolution is a change in agricultural production widely thought necessary to feed and sustain the growing population on Earth[1][2] These calls have precipitated in part, as a response to rising food commodity prices, and fears of peak oil among other factors.[2]
It is named after the Green Revolution, a movement to increase crop selection and agrichemical usage to increase yield in the 1930s through to the 1960s.
Contents
[hide]
1 Methods
2 Proponents
3 Opponents
4 Other usage
5 See also
6 References
Methods[edit]
It is thought that genetic engineering of new crops and foods will take the lead in producing increased crop yield and nutrition.[1]
Proponents[edit]
Bill Gates has been among the proponents of a second green revolution, saying[3]:
Three quarters of the world's poorest people get their food and income by farming small plots of land...if we can make smallholder farming more productive and more profitable, we can have a massive impact on hunger and nutrition and poverty...the charge is clear—we have to develop crops that can grow in a drought; that can survive in a flood; that can resist pests and disease...we need higher yields on the same land in harsher weather."
Gates made these remarks during the World Food Prize. He has made over 1.4 billion in contributions towards agricultural developments.[2]
The then Union Finance Minister of India, Pranab Mukherjee, made a statement to parliament[when?] that he would explore the possibility of setting up a committee of CMs of the eastern states for a second green revolution in the region and praised Assam, Bihar, Jharkhand and West Bengal for substantial increase in rice production during the current fiscal. Replying to the debate on 2012-13 Union Budget in Rajya Sabha, Mukherjee said due to substantial increase in rice output in the eastern states to the tune of 7 million tonnes in 2011-12, production of the staple grain has risen to a record 10.2 million tonnes. He said this was possible because of special thrust given on realizing the agricultural potential of eastern states.
Accepting the suggestion of JD(U) member N K Singh, Mukherjee said he would explore the possibility of setting up a committee of chief ministers of eastern states "to give further impetus to achieving green revolution" in the region. Singh had suggested setting up of such a panel. He said: "Given the importance of incentivizing agriculture in the eastern region, a chief ministers' committee comprising the CMs from the eastern states should be constituted for a coherent action plan and adequate support from the central government". His suggestion came as one of the eight "tangible actions" which, he thought, would lend credibility to the budgetary announcements. The government had earlier allocated an additional Rs 400 crore in 2011-12 under Rashtriya Krishi Vikas Yojana for extending green revolution to the eastern region comprising Assam, Bihar, Jharkhand, Eastern UP, Chhattisgarh, Odisha and West Bengal. Rice was a priority crop under the scheme. Seeing the success of the scheme, the Budget 2012-13 has raised the allocation to Rs 1,000 crore.
Mukherjee lauded CMs of these states, particularly Bihar CM Nitish Kumar, whose state has doubled rice output to 67.5 lakh tonnes in 2011-12. Handsome increase in rice production has also been witnessed in Jharkhand, West Bengal and other eastern states.
Noting that the achievement has attracted accolades from world over, he said the UN's Food and Agriculture Organization (FAO) and Indonesia-based World Rice Institute have commended the eastern states.
Opponents[edit]
Opponents views include social inequity as a major factor in food insecurity not addressed by increasing food production capacity.[4]
Other usage[edit]
Others[5] have used the term to refer to a combination of urban agriculture, smaller farm size and organic agriculture with the aim of increasing resource sustainability of crop production.[6]
See also[edit]
Plant breeding
Transgenic plant
Urban agriculture
Future food technology
Agricultural robot
Cultured meat
Blue revolution, aquaculture
References[edit]
^ Jump up to: a b Steinhart, Peter (October 25, 1981). "THE SECOND GREEN REVOLUTION". NYT. Retrieved 4 January 2010.
^ Jump up to: a b c "Plant a second Green Revolution A global food summit is a test of leadership in pushing research on higher crop yields". The Christian Science Monitor. June 3, 2008. Retrieved 4 January 2010.
Jump up ^ Biello, David (January 4, 2010). "Can the world's richest man feed the planet?". Scientific American.
Jump up ^ "Lessons from the Green Revolution". April 8, 2000. Archived from the original on July 14, 2009. Retrieved 4 January 2010.
Jump up ^ Ross, Clifton. "The Second Green Revolution". Urban Habitat. Retrieved 4 January 2010.
Jump up ^ Dobbs, Thomas (21 September 2006). "Challenges Facing a Second Green Revolution: Expanding the Reach of Organic Agriculture". Plant Management Network. Retrieved 4 January 2010.
Retrieved from "https://en.wikipedia.org/w/index.php?title=Second_Green_Revolution&oldid=843354424"
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