By Michael Kent Curtis
“Curtis successfully settles a major criminal debate: no matter if the framers of the 14th modification meant to include the invoice of Rights promises and thereby inhibit nation motion. taking over a powerful array of constitutional students, . . . he rebuts their argument with energy and effectiveness, conclusively demonstrating the legitimacy of the incorporation thesis. . . . A daring, forcefully argued, very important study.”—Library Journal
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Extra resources for No State Shall Abridge: The Fourteenth Amendment and the Bill of Rights
Baltimore,21 did the United States Supreme Court consider whether or not rights in the federal Bill of Rights limited the states. Barron contended that the City of Baltimore had diverted certain streams so that sand was deposited around his wharf, making it of little value. As a result, Barron said, his property had been taken for public use without just compensation. In Barron the Supreme Court might have held: (I) that the rights recognized in the Bill of Rights were basic liberties of the citizen that no government, state or national, had power to deny; (2) the Constitution was the supreme law of the land; and (3) consequently, acts of the states infringing rights in the Bill of Rights were void.
It left southern states free to suppress speech and press on the question of slavery and left them free to deny procedural and substantive rights to blacks. That the decision may be the most reasonable reading of the constitutional text is, of course, only part of the explanation for it. \s to the amendments to the Constitution of the United States, they must be put out of the case: since it is now settled that those amendments do not extend to the states:,28 The Court looked at the application of the Bill of Rights to the states again in 1845, in the case of Permoli v.
According to the Declaration, people have unalienable rights to liberty. The ideology of the revolutionary generation shaped the later American Bill of Rights. This revolutionary ideology combined and wove together both the natural rights of man and the historic rights of Englishmen. I The colonists emphasized natural rights and historic liberties as a result of their view of government. Government was potentially hostile to human liberty and happiness. 2 Power was essentially aggressive. 3 The Continental Congress in its Address to the Inhabitants of Quebec quoted Marquis Beccaria: "In every human society ...
No State Shall Abridge: The Fourteenth Amendment and the Bill of Rights by Michael Kent Curtis