Some Aspects of the Connection Between the Fourteenth Amendment and the Federal Bill of Rights

Abstract

The purpose of this thesis is to show the history of the attempt to bring the states within the restraining influence of the Federal Bill of Rights by the connection between the Fourteenth Amendment and the provisions of the Bill of Rights. The historical period covered extends from 1787 to 1947. Special reference has been made to the 1937-1947 period covering the Roosevelt Court. The use if the phrase "Roosevelt Court" needs some explanation. The term does not imply improper executive control over the judiciary. It is used purely for descriptive purposes and represents a shortening of "the Supreme Court as reconstituted and redirected by President Roosevelt's appointees." A brief historical background of the connection between the Fourteenth Amendment and the Bill of Rights is presented to give a general picture of its early development. Numerous cases have been cited to point out the Supreme Court's interpretation of this connection. Many more cases illustrating this connection principle could be presented, but those which are included are considered by the author to be most representative of the Supreme Court's attitudes. Sources other than the United States Reports have been used to interpret the reasoning of the justices. In order to show clearly the Supreme Court's changes in thought on the connection principle, the cases have been cited in chronological order rather than by subject matter. Therefore, this monograph could not be divided into sections without losing the main objective of the study.