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