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What area of the Bill of Rights did the US Supreme Court incorporate first?
Wiki User
∙ 14y ago
The US Supreme Court uses the doctrine of selective incorporation to apply individual clauses of the Bill of Rights to the states via the Fourteenth Amendment Due Process and Equal Protection Clauses. Congress' original attempt at total incorporation via the Privileges and Immunities Clause was declared unconstitutional in the Civil Rights Cases, 109 US 3 (1883).
Most sources cite either Chicago, Burlington & Quincy Railroad v. City of Chicago, 166 US 226 (1897) which upheld the Fifth Amendment Takings Clause, or Gitlow v. New York, 268 US 652 (1925) which held the Fourteenth Amendment required the States to adhere to the First Amendment.
The Fifth Amendment case, Chicago, Burlington and Quincy gets my vote as the original instance of incorporation, but textbooks often cite the First Amendment case, Gitlow.
For more information, see Related Questions, below.
Wiki User
∙ 14y ago
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