ABSTRACT

We have seen that, despite rebuffs, Justices of the Supreme Court, time and again in strong dissenting opinions, affirmed their belief that fundamental rights are privileges and immunities guaranteed by the Constitution against denial or abridgment by the States. What are these fundamental rights? Perhaps the fullest and broadest enumeration of such rights was formulated by Justice Bradley in Slaughter-House. 1 His dissenting opinion is historically notable, however, for another reason, for we find in it, for the first time, the contention that Section 1 of the Fourteenth Amendment somehow “incorporates” the first eight amendments of the Constitution, that the rights enumerated in the Bill of Rights are