No State Shall Abridge

"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

Foreword

vii

Acknowledgments

xi

Introduction

1

(17)

From the Revolution to the Bill of Rights and Beyond

18

(8)

The Historical Background of the Fourteenth Amendment

26

(31)

The Framing of the Fourteenth Amendment

57

(35)

In Which Some Historical Arguments Against Application of the Bill of Rights to the States Are Analyzed

92

(39)

The Amendment Before the States

131

(23)

Congressional Interpretation

154

(17)

The Amendment Before the Courts (Part One)

171

(26)

The Amendment Before the Courts (Part Two)

197

(15)

Conclusion

212

(9)

Notes

221

(46)

Index

267

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No State Shall Abridge

Summary

Table of Contents

Supplemental Materials