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"Did the Fourteenth Amendment Incorporate The Bill of Rights Against States?" 19 Harv. J. of Law & Pub. Pol. 443 (1996)


Under the Fourteenth Amendment, can a State abridge the freedom of speech, or freedom of the press, or the right to keep and bear arms, or the right of jury trial, or the privilege of habeas corpus, or any other important fundamental right recognized in either the Bill of Rights or elsewhere in our Constitution? This set of questions falls under the banner of the incorporation debate. I contend that the Fourteenth Amendment bars a State from abridging these rights, and I will try to defend this view on originalist grounds.

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