No State Shall Abridge: The Fourteenth Amendment and the Bill of RightsDuke University Press, 1986. 5. 19. - 275페이지 “The book is carefully organized and well written, and it deals with a question that is still of great importance—what is the relationship of the Bill of Rights to the states.”—Journal of American History “Curtis effectively settles a serious legal debate: whether the framers of the 14th Amendment intended to incorporate the Bill of Rights guarantees and thereby inhibit state action. Taking on a formidable array of constitutional scholars, . . . he rebuts their argument with vigor and effectiveness, conclusively demonstrating the legitimacy of the incorporation thesis. . . . A bold, forcefully argued, important study.”—Library Journal |
목차
From the Revolution to the Bill of Rights | 18 |
The Framing of the Fourteenth Amendment | 57 |
In Which Some Historical Arguments Against | 70 |
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1st sess 39th Cong abolitionist American citizens antislavery apply the Bill argument Barron bear arms believed Benedict Berger Bill of Rights Bingham Blaine amendment citizenship Civil Rights bill Committee Congressman constitutional rights Crosskey Daily Territorial debates decision Declaration Democrats denied deprived Dred Scott due process clause eight amendments entitled equal protection Fairman federal government Fifth Amendment Fourteenth Amendment framers free speech freedom of speech fugitive slave fundamental rights Globe Government by Judiciary guaranties Harlan hereinafter cited Howard immunities clause immunities of citizens included incorporation insisted intended Justice leading Republicans legislation limited ment obey the Bill political privileges and immunities privileges or immunities process of law proposed Radical Reconstruction Rights liberties rights of citizens Senator slavery South southern supra note supra note 147 Supreme Court teenth Amendment Thirteenth Amendment Thirty-ninth Congress thought tion trial by jury Trumbull United violated Wilson