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Article
Refined Incorporation and the Bill of Rights
University of Richmond Law Review (1999)
  • Richard L. Aynes, University of Akron School of Law
Abstract
In Professor Akhil Reed Amar's The Bill of Rights: Creation and Reconstruction, the voices of Founders, Federalists, Anti-Federalists, promoters of the Bill of Rights, contrarians of Barron v. Mayor of Baltimore, abolitionists, antislavery advocates, Fourteenth Amendment Republican Framers, ratifiers, and twentieth-century U.S. Supreme Court justices, all have their role. If they do not sing the same tune, at least their voices, under Amar's skillful direction, whether melody or harmony, alto or soprano, all harmonize to produce a clear song. Though there are important and critical verses surrounding the Founding Era, it is the transformative era of Reconstruction in which Professor Amar seeks to write a new stanza. The centerpiece of this new work is his doctrine of “refined incorporation,” which holds that personal rights contained in the Bill of Rights are privileges and immunities within the meaning of Section 1 of the Fourteenth Amendment. The purpose of this essay is to examine the refined incorporation doctrine and test it against the historic roots of the Fourteenth Amendment.
Disciplines
Publication Date
1999
Citation Information
Richard L. Aynes, RefinedIncorporation and the Bill of Rights, 33 University of Richmond Law Review 289 (1999).