The Fourteenth Amendment and the Bill of Rights

Abstract: In recent years the Supreme Court has taken an expansive interpretation of the 14th Amendment to apply the Bill of Rights to the states. The author argues that this is contrary to the original intent of the fourteenth amendment, which should be understood in the light of the tenth amendment.

Keywords: book review, constitution, law, history, Bill of Rights, fourteenth amendment, tenth amendment, free speech, religious freedom, first amendment, separation of church and state, 14th Amendment, United States, civil rights, Black African Afro-Americans, slavery, legislation.

Title: The Fourteenth Amendment and the Bill of Rights Author: Raoul Berger Publisher: University of Oklahoma Press Date Published: November 1990 ISBN: 0806121866 LOCN: KF4757.B42 1989 Dewey: 342.73/085 347.30285 19 Pages: 169 Bibliography: 162 entries Footnotes: 615 entries

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CONTENTS

Part I

Chapter 1: Introduction

Selective Incorporation

Chapter 2: Antecedents of the Fourteenth Amendment

Chapter 3: "Privileges or Immunities"

Chapter 4: The Ratification Debate

Part II: Opposition Views

Chapter 5: Some Preliminary Considerations

Guides to Interpretation

State Sovereignty

Abolitionism v. Racism

Chapter 6: Some Curtis Misconceptions

The Civil Rights Act and the Fourteenth Amendment are "Identical"

Selective Incorporation

The Fourteenth Amendment as a Criminal Code

Security of Person and Property

Ratification Debate

Barron v. Baltimore

Section 5 of the Fourteenth Amendment

Chapter 7: Of "Privileges or Immunities"

Chapter 8: "Fundamental" and "Absolute" Rights

"Fundamental" Rights

"Absolute" Rights

The Civil Rights Bill

The Fourteenth Amendment

Equal Protection of the Laws

Statewide Equality

Chapter 9: John Bingham and Senator Jacob Howard

John Bingham

Senator Jacob Howard

Conclusion

LIBRARY OF CONGRESS DATA

Author:        Berger, Raoul, 1901-
Title:         The Fourteenth Amendment and the Bill of Rights /
                  by Raoul Berger.
Edition:       1st ed.
Published:     Norman : University of Oklahoma Press, c1989.
Description:   x, 169 p. ; 22 cm.
LC Call No.:   KF4757.B42 1989
Dewey No.:     342.73/085 347.30285 19
ISBN:          0806121866 (alk. paper)
Notes:         Bibliography: p. 151-157.
               Includes index.
Subjects:      United States. Constitution. 14th Amendment.
               United States. Constitution. 1st-10th Amendments.
                  -- History.
               Civil rights -- United States -- History.
               Afro-Americans -- Civil rights -- History.
               Slavery -- Law and legislation -- United States
                  -- History.
Control No.:   88040541 //r972

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