QUESTION IMAGE
Question
one way the fourteenth amendment shows that the constitution is superior to state law is
states do not have to follow the bill of rights.
the fourteenth amendment applied to state law through incorporation.
the due process law cannot be used to incorporate the bill of rights.
the fourteenth amendment cannot be incorporated as needed.
Brief Explanations
To determine the correct answer, we analyze each option:
- The first option is incorrect because states are required to follow the Bill of Rights (through incorporation via the Fourteenth Amendment).
- The second option is correct. The Fourteenth Amendment's due process clause has been used to incorporate many Bill of Rights protections to apply to state law, demonstrating the Constitution's superiority over state law as federal constitutional rights take precedence over conflicting state laws.
- The third option is incorrect. The due process clause of the Fourteenth Amendment is precisely how many Bill of Rights protections are incorporated to apply to the states.
- The fourth option is incorrect. The Fourteenth Amendment's provisions, including through incorporation, are applied as needed to ensure constitutional rights are upheld against state actions.
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B. the Fourteenth Amendment applied to state law through incorporation.