QUOTE
utapip:
I don't think you need to be a Supreme Court Justice to interpret this amendment. By definition this means that no state may make a law that contradicts the Bill of Rights or the Constitution.
Uh, no it doesn't. "Incorporation" is a judicial philosophy, one that the Supreme Court adopted to make the Bill of Rights applicable to the states and not just the federal government.
SCOTUS used several cases on specific Bill of Rights issues to eventually incorporate its protections via the 14th Amendment.
Here is a summary for you...
Of Speech & Press (1st Am.):
Gitlow v. New York
To Have Attorney in Capital Cases (6th Am.):
Powell v. Alabama To Exercise Any Religion (1st Am.):
Hamilton v. Regents of U.C. Of Assembly & Petition (1st Am.):
DeJonge v. Oregon From Establishment of Religion (1st Am.):
Everson v. Board of Ed. To Have a Public Trial (6th Am.):
In re Oliver From Unreasonable Searches & Seizures (4th Am.):
Mapp v. Ohio From Cruel & Unusual Punishments (8th Am.):
Robinson v. California To Have Attorney for Felony Cases (6th Am.):
Gideon v. Wainwright From Self-incrimination (5th Am.):
Malloy v. Hogan To Confront Witnesses (6th Am.):
Pointer v. Texas To Have an Impartial Jury Trial (6th Am.):
Parker v. Gladden To Have a Speedy Trial (6th Am.):
Klopfer v. North Carolina To Compel Witnesses to Testify (6th Am.):
Washington v. Texas To Trial by Jury (6th Am.):
Duncan v. Louisiana From Double Jeopardy (5th Am.):
Benton v. Maryland To Have Attorney for Charges That Could Be Jailed For (6th Am.):
Argersinger v. Hamilin By 1937, freedom of speech, press, religion, assembly, and petition had all been "incorporated" into the 14th Amendment's due process clause. This meant that these First Amendment freedoms were now also part of the 14th Amendment, which limited state laws and actions. The Supreme Court had yet to explain why some rights from the Bill of Rights had been "incorporated" while others had not.
In a case involving the Fifth Amendment protection against double jeopardy (being tried twice for the same crime), Justice Benjamin Cardozo explained that only "fundamental rights" need be "incorporated" into the 14th Amendment. He went on to define these rights as "of the very essence of a scheme of ordered liberty" and "rooted in the tradition and conscience of our people."
While such rights as freedom of speech were clearly "fundamental," according to Justice Cardozo and the Supreme Court majority, others were not. Thus, the Supreme Court established the principle of "partial incorporation": Only certain "fundamental rights," not the entire Bill of Rights, apply to the states through the due process clause of the 14th Amendment. [
Palko v. Connecticut, 302 U.S. 319 (1937)] By 1972, the Supreme Court had "incorporated" into the 14th Amendment all but five rights named in the Bill of Rights. Those rights still not deemed "fundamental" include the Second Amendment right to bear arms, the Third Amendment protection against quartering troops in private homes, the Fifth Amendment right of grand jury indictment, the Seventh Amendment right of trial by jury in civil cases, and the Eighth Amendment guarantee against excessive bail and fines. (The Ninth and Tenth amendments do not name specific personal rights.)