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State Constitutions, State Courts And First Amendment Freedoms, Monrad G. Paulsen

Vanderbilt Law Review

We have recently been reminded that one of the current and recurrent quandaries of the Supreme Court of the United States arises from the American constitutional system's counterpart of the philosophical problem of the One and the Many. When an individual's freedom is involved, the question is whether and to what degree state legislators, public officials and judicial officers shall be called upon to enforce standards of respect for personal liberties defined by the Federal Constitution and the United States Supreme Court; or, put another way, how far the first eight amendments of the Federal Constitution are incorporated into the …