Incorporation – the legal doctrine whereby the Supreme Court applies the Bill of Rights to the states, was not part of the original, legal meaning of the Constitution. Instead, it arose out of the 14th Amendment, and the court first started applying it “selectively” in 1925.

Path to Liberty: June 29, 2022

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Richard Henry Lee – Confederation Congress (27 Sept 1787)

Cato I (27 Sept 1787)

George Clinton – New York Ratifying Convention (11 July 1788)

Hamilton’s Dictatorship: Antifederalist Cato No. 2

Bill of Rights: The Untold Story of Why it Exists

Joint Resolution of Congress Proposing 12 Amendments

Was the Bill of Rights Meant to Apply to the States?

Barron v. Baltimore (1833)

14th Amendment

Slaughter-house (1873)

US v Cruikshank (1876)

Gitlow v New York

Selective Incorporation by Amendment: Cases

General and Unlimited Power: Antifederalist Brutus No. 12

Books:
Raoul Berger – Government by Judiciary: The Transformation of the 14th

Dave Benner – 14th Amendment and the Incorporation Doctrine

Randy Barnett and Evan Bernick – The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit

Ilan Wurman: The Second Founding

Re-Speaking the Bill of Rights: A New Doctrine of Incorporation (paper)

The Reconstruction Amendments

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