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Volume18
Year2009
TitleIncorporation and Originalist Theory
Author(s)Lawrence B. Solum
First Page409
AbstractDoes the Fourteenth Amendment of the United States Constitution incorporate the Bill of Rights contained in the first eight amendments? And how should an originalist answer that question? This paper focuses on the latter question-the issues of originalist theory that are raised by judicial and scholarly debates over what is called "incorporation." Before we dig into substance of the debate, we need to do some initial clarifying work by answering the questions, "what is originalism?" and "what is incorporation?"