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Volume18
Year2009
TitleHow Much Does It Really Matter Whether Courts Work Within the "Clearly Marked" Provisions of the Bill of Rights or With the "Generalities" of the Fourteenth Amendment?
Author(s)Yale Kamisar
First Page513
AbstractWe know that it really mattered to Justice Hugo Black. As he made clear in his famous dissenting opinion in Adamson v. California Black was convinced that the purpose of the Fourteenth Amendment was to apply the complete protection of the Bill of Rights to the states. And, as he also made plain in his Adamson dissent, he was equally convinced that working with the "specific" or "explicit" guarantees of the first Eight Amendments would furnish Americans more protection than would applying the generalities of the Fourteenth Amendment.