essay question 9

essay question 9 - Justice Frankfurter concurred stating...

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Describe and assess the competing views expressed in Adamson v. California on the question of applicability of the Bill of Rights to the states. Which justice provided the ‘best’ method of tackling the incorporation question? Adamson was a case where he argued that self-incrimination under the 5 th amendment should be incorporated to the states because it was essential to the context of ordered liberty and was a longstanding liberty in our history and traditions. The court found that the Fifth Amendment did not apply to the states based on the due process clause of the 14 th amendment. Justice Reed gave the opinion of the court and said that if Adamson had been tried in federal court, he would have been protected. But he held that some rights were more important than others and the 14 th amendment was not intended to apply all of these rights to the states without limitations.
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Unformatted text preview: Justice Frankfurter concurred stating that the 14 th amendment did not incorporate the Bill of Rights, because even after the Civil War, the emphasis was to not unduly infringe the authority of the states. Complete incorporation would destroy the fabric of law in the states and deprive them of opportunity for reforms in the legal process. Justice Black believed that this was wrong because the 14 th amendment held that “no state could deprive its citizens of the privileges and protections of the Bill of Rights” and that the 14 th amendment required total incorporation. He believed that the Amendments were enacted to ensure the government would not unduly interfere with individual liberties. He claims the first section of the 14 th amendment was written for the purpose of extending the rights to the states....
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