ABSTRACT

In 2005-2006, cases involving the Bill of Rights and related provisions accounted for 34 of the term's 87 decisions, and in 2015-2016, 31 of that term's 69 decisions. The data reflect not only an enhanced interest in the Bill of Rights but also the Court's application of the Bill of Rights to the states, a process that has involved due process of law. Shortly after the end of the Civil War, the question of the applicability of the Bill of Rights to the states reappeared. The opportunity for expanded state protection is present because virtually all the states have bills of rights similar to, or even more lengthy than, the federal Bill of Rights. In the 1920s and 1930s, the Supreme Court agreed that the "liberty" protected by the due process clause included some First Amendment freedoms. Because of the campaign for increased firearms regulations, the Second Amendment has become one of the most politically charged parts of the Constitution.