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.
- KaleyKLv 71 year agoFavorite 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
- STEVEN FLv 71 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.
- Uncle PennybagsLv 71 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.
- Anonymous1 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.
- Anonymous1 year ago
Yes and Nullification.Source(s): 10th Amendment Patriot