Date and Time:
Wednesday, January 7, 2009 at 8:30 am
University of San Diego School of Law and the Center for the Study of Constitutional Originalism Present
The Fourteenth Amendment and the Bill of Rights: What Have We Learned? Why Does it Matter?
More than 60 years have passed since Justice Hugo Black's epic dissent in Adamson v. California, and more than 20 since the publication of Michael Kent Curtis's influential book No State Shall Abridge. In those 20 years, scholars have continued to refine our understanding and debate the historical evidence.
Just this summer, the Supreme Court held in District of Columbia v. Heller that the Second Amendment protects a personal, rather than corporate, right to keep and bear arms. Old precedent says that the Second Amendment does not apply to the states through the Fourteenth. That precedent will be challenged very soon, and so our topic is as timely as it is, apparently, timeless.
The time has come to take stock of the incorporation question, to look for consensus where it can be found, and to attend closely to opposing arguments and evidence where disagreement persists
Michael Kent Curtis, Judge Donald L. Smith Professor in Constitutional and Public Law, Wake Forest School of Law and one of the foremost constitutional historians in the United States
- Richard Aynes, John F. Seiberling Chair of Constitutional Law and Director, Constitutional Law Center, University of Akron School of Law
- Donald Dripps, Professor, University of San Diego School of Law
- Kurt Lash, Professor, Loyola Law School
- Stephen Presser, Raoul Berger Professor of Legal History, Northwestern University
- Lawrence Rosenthal, Professor, Chapman University School of Law
- Bernadette Meyler, Professor, Cornell University Law School
- Lawrence Solum, John E. Cribbet Professor of Law & Professor of Philosophy, University of Illinois College of Law
- George C. Thomas III, Professor, Rutgers Law School
- Bryan Wildenthal, Professor, Thomas Jefferson School of Law
- Yale Kamisar, Distinguished Professor of Law, University of San Diego School of Law
- Mike Rappaport, Class of 1975 Professor, University of San Diego School of Law