No State Shall Abridge

The Fourteenth Amendment and the Bill of Rights

No State Shall Abridge

Book Pages: 288 Illustrations: Published: May 1986

History > U.S. History, Law > Legal History, Politics > Political Science

“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



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Author/Editor Bios Back to Top

Michael Kent Curtis is Professor of Law at Wake Forest University School of Law.

Table of Contents Back to Top
Forward vii

Acknowledgments xi

Introduction 1

Chapter 1 - From the Revolution to the Bill of Rights and Beyond 18

Chapter 2 - The Historical Background of the Fourteenth Amendment 26

Chapter 3 - The Framing of the Fourteenth Amendment 57

Chapter 4 - In Which Some Historical Arguments Against Application of the Bill of Rights to the States Are Analyzed 92

Chapter 5 - The Amendment Before the States 131

Chapter 6 - Congressional Interpretation 154

Chapter 7 - The Amendment Before the Courts (Part One) 171

Chapter 8 - The Amendment Before the Courts (Part Two) 197

Conclusion 212

Notes 221

Index 267
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Finalist, 1987 Best Book Mencken Award

Additional InformationBack to Top
Paper ISBN: 978-0-8223-1035-8 / Cloth ISBN: 978-0-8223-0599-6
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