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On Misreading John Bingham And The Fourteenth Amendment, Richard L. Aynes Oct 1993

On Misreading John Bingham And The Fourteenth Amendment, Richard L. Aynes

Akron Law Faculty Publications

Nearly fifty years ago, Professor Charles Fairman published his seminal article, Does the Fourteenth Amendment Incorporate the Bill of Rights? According to Fairman, it does not. Fairman's analysis of the congressional debates and other historical data on the Fourteenth Amendment led him to conclude that the Privileges or Immunities Clause of the Amendment does not make the Bill of Rights applicable to the states. Instead, Fairman argued that the intent of the Amendment's framers is most nearly realized by the use of the Due Process Clause to enforce against the states only those rights “ ‘implicit in the concept of …


On Misreading John Bingham And The Fourteenth Amendment, Richard L. Aynes Oct 1993

On Misreading John Bingham And The Fourteenth Amendment, Richard L. Aynes

Richard L. Aynes

Nearly fifty years ago, Professor Charles Fairman published his seminal article, Does the Fourteenth Amendment Incorporate the Bill of Rights? According to Fairman, it does not. Fairman's analysis of the congressional debates and other historical data on the Fourteenth Amendment led him to conclude that the Privileges or Immunities Clause of the Amendment does not make the Bill of Rights applicable to the states. Instead, Fairman argued that the intent of the Amendment's framers is most nearly realized by the use of the Due Process Clause to enforce against the states only those rights “ ‘implicit in the concept of …


The Mystery Of The New Fashioned Goldsmiths: From Usury To The Bank Of England (1622-1694), Daniel Coquillette Dec 1992

The Mystery Of The New Fashioned Goldsmiths: From Usury To The Bank Of England (1622-1694), Daniel Coquillette

Daniel R. Coquillette

Also appears in Miscellanea Domenico Maffei Dicato Historia Ius Studium, vol. 4, 523-550. Goldbach, Germany: Keip Verlag, 1995.