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Over-Due Process

Title: Over-Due Process: Federalism, Selective Incorporation, and the Warren Court.
Name(s): Warren, Sarah R., author
Type of Resource: text
Genre: Text
Date Issued: 2017-03-01
Physical Form: computer
Physical Form: online resource
Extent: 1 online resource
Language(s): English
Abstract/Description: Selective incorporation played a role in adapting federalist principles to the Constitutional standards of post-Reconstruction Era America. This project seeks to determine the extent of this role under Supreme Court Chief Justice Earl Warren. To explore the role of the Warren Court in the process of selective incorporation, this project utilizes Justice Antonin Scalia’s writings on federalism and examines Constitutional jurisprudence before, immediately following, and almost a century after the ratification of the Fourteenth Amendment by focusing on four key cases: Barron v. Baltimore (1833), Palko v. Connecticut (1937), Robinson v. California (1962), and Griswold v. Connecticut (1965). My analysis indicates that the rulings and chronology of these cases demonstrate the principled, but not flawless, manner in which the Warren Court adapted Federalist ideals into compatibility with the Fourteenth Amendment.
Identifier: FSU_libsubv1_scholarship_submission_1488376505 (IID)
Keywords: Selective incorporation, Warren Court, Political science, Federalism, Government, Supreme Court
Persistent Link to This Record:
Owner Institution: FSU

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Warren, S. R. (2017). Over-Due Process: Federalism, Selective Incorporation, and the Warren Court. Retrieved from