ABSTRACT
In the 1970s one of the most hotly contested constitutional controversies was one that flows out of the incorporation doctrine; that is, assuming that a State is bound by one of the first eight amendments, is it bound in exactly the same way in which the Federal Government is bound? The issue is an old one, going back to at least 1884, when the first Justice Harlan, dissenting in Hurtado, 1 contended that due process, within the meaning of the Fifth and Fourteenth Amendments,
