No State Shall Abridge: The Fourteenth Amendment and the Bill of Rights

Overview

“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 ...

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No State Shall Abridge: The Fourteenth Amendment and the Bill of Rights

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Overview

“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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Editorial Reviews

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, with the Attorney General in the wings, he rebuts their argument with vigor and effectiveness, conclusively demonstrating the legitimacy of the incorporation thesis. He does so by placing the Amendment in the stew of history: by examining first the historical context, and then Republican ideology as reflected in legislative debate over the 13th and 14th amendments as well as over the 1866 Civil Rights Act. Taking the legal story down to the present, Curtis traces the Court's gradual acceptance of incorporation, until Cardozo in Palko and then until the Burger Court. A bold, forcefully argued, important study. Milton Cantor, History Dept., Univ. of Massachusetts, Amherst
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Product Details

  • ISBN-13: 9780822310358
  • Publisher: Duke University Press
  • Publication date: 9/30/1990
  • Edition description: Reprint
  • Pages: 288
  • Product dimensions: 5.92 (w) x 9.00 (h) x 0.84 (d)

Meet the Author

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

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