No State Shall Abridge

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

• Forward viiAcknowledgments xiIntroduction 1Chapter 1 - From the Revolution to the Bill of Rights and Beyond 18Chapter 2 - The Historical Background of the Fourteenth Amendment 26Chapter 3 - The Framing of the Fourteenth Amendment 57Chapter 4 - In Which Some Historical Arguments Against Application of the Bill of Rights to the States Are Analyzed 92Chapter 5 - The Amendment Before the States 131Chapter 6 - Congressional Interpretation 154Chapter 7 - The Amendment Before the Courts (Part One) 171Chapter 8 - The Amendment Before the Courts (Part Two) 197Conclusion 212 Notes 221Index 267

“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)