Republicans: Do you agree with this ruling?

Bolling v. Sharpe (1954) Supreme Court ruled that the 5th Amendment's "Due Process" covers equal protection for Federal law, just as the 14th amendment does for the states.

The 14th amendment's equal protection was incorporated into the 5th amendment to apply to federal law....

similar to how the Bill of Rights didn't cover state and local governments, until the Supreme Court incorporated the Bill of Rights into the 14th amendment to apply to the states.

5 Answers

  • KaleyK
    Lv 7
    1 year ago
    Favorite Answer

    Your question is somewhat convoluted and/or short on facts. Bolling was about school segregation in public schools in Washington DC; that's why the SCOTUS applied the 5th Amendment and not the 14th which applies only to the States (DC is not a State). Bolling is also a companion case with the famous Brown vs. Board of Education. The doctrine of reverse incorporation holds that the equal protection clause of the 14th Amendment applies to federal enclaves (like DC) via the 5th Amendment. I'm unclear as to why you would direct your question to republicans.

    Source(s): I'm not a republican
    • Login to reply the answers
  • 1 year ago

    The 2nd thru 10th amendments ALWAYS applied to ALL levels of government regardless of what any court ruled. The ACTUAL LANGUAGE states certain rights can't be violated, PERIOD. Now exceptions or limits on who can't violate them exist. The 1st amendment prohibits CONGRESS form making laws that do certain things. As used in the Constitution. Congress ALWAYS refers to the legislative body created by the first SENTENCE of the Constitution.

    • Login to reply the answers
  • 1 year ago

    That case was about the desegregation of schools because Separate was not equal. The Fifth Amendment of Due process applies to when the government wants to take away our lives, liberty or property and must provide us "due process of law" before doing so.

    Quite frankly, I don't see how Due process and the Fifth Amendment would apply. The Fourteenth yes, but not the Fifth Amendment.

    I would disagree with that ruling arguing that they reached the correct decision, but used an incorrect rationale.

    • Lois Griffin
      Lv 6
      1 year agoReport

      well the 14th amendment was incorporated into the 5th amendment.

      similar to how the bill of rights (once a federal-only thing) was incorporated into the 14th to apply to the states.

    • Login to reply the answers
  • Anonymous
    1 year ago

    Let’s repeal the 14th amendment!

    Next, we can repeal the Constitution! Trump 2020!

  • How do you think about the answers? You can sign in to vote the answer.
  • Anonymous
    1 year ago

    Yes and Nullification.

    Source(s): 10th Amendment Patriot
    • Login to reply the answers
Still have questions? Get your answers by asking now.