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Flashcards in Incorporation of Bill of Rights Deck (3)
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1

Which Amendment should be invoked if the federal gov't is discriminating?

Due Process Clause of the 5th Amendment

2

Which Amendment should be invoked if the state gov't is discriminating?

Due Process Clause of the 14th Amendment

3

What 3 provisions of the Bill of Rights cannot be asserted via the 14th Amendment Due Process Clause?

5th -- grand jury indictment

7th -- right to jury in a civil case

8th Amendment -- excessive fines clause