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.
book cover
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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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



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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