"The Bill of Rights and the Fourteenth Amendment," 101 Yale L. J. 1193 (1992)
What is the relationship between the Bill of Rights and the Fourteenth Amendment? Does the Amendment "incorporate" the Bill, making the Bill's restrictions on federal power applicable against states? If so, which words in the Fourteenth Amendment work this change? Are all, or only some, of the provisions of the first ten amendments "incorporated" or "absorbed" into the Fourteenth? If only some, which ones, and why? Once "incorporated" or "absorbed," does a right or freedom declared in the Bill necessarily constrain state and federal governments absolutely equally in every jot and tittle? Or, on the other hand, can a guarantee in the Bill ever lose something in the translation, so that only a part of the guarantee-perhaps only its "core"--applies against state governments by dint of the Fourteenth Amendment?
Date of Authorship for this Version
Amar, Akhil Reed, "The Bill of Rights and the Fourteenth Amendment" (1992). Faculty Scholarship Series. Paper 1040.