How has the Supreme Court ensured that States do not deny basic rights to the people?

Question

The people's unalienable rights

Answer 1

They did?!!  I still have rights?

There's an interesting 2nd Amendment case before The Court now. The first time they may have to answer the question of whether bearing arms is an individual right.  If they say yes, the 14th Amendment will apply it to the States.

http://www.cbsnews.com/stories/2008/03/1...

Answer 2

By incorporating most of the Bill of Rights. Prior to incorporation (which happened throughout the 20th century via the 14th Amendment and case law), states could deny rights (like freedom of religion or freedom of speech) to citizens that the federal government could not. Now, there is a "federal floor" of civil rights that the state cannot go below. However, states can grant rights above that floor.

Answer 3

By defending and somethimes interputing the Bill of rights

Answer 4

It is the constitution that ensures basic rights. The supreme court functions as the ultimate interpreter of the constitution. Like when a policy or decision goes against the basic rights enshrined in the constitution, the people can take it to court, or even Supreme Court to rule on the constitutionality of it.

Answer 5

They use case law to override the rights of the people.  Not the other way around.

Look at the eminent domain issue.  They gave cities the right to steal people's land.

Answer 6

they haven't