Constitutional Law—Was it Intended That the Fourteenth Amendment Incorporate the Bill of Rights?

The Supreme Court in 1833 established the principle that the Bill of Rights did not apply to the states. ¹ Following the Civil War the fourteenth amendment, with its "privileges or immunities" and "due process" clauses, cast doubt on this principle and raised the possibility of applying the Bill of Rights to the states by incorporating them into the amendment. ²