Speech #990217412

Mr. Meese has attacked the Supreme Courts "incorporation doctrine." which holds that the 14th amendment makes the Bill of Rights largely applicable to the States. "Nowhere else has the principle of federalism been dealt so politically violent and constitutionally suspect a blow as by the theory of incorporation." Meese has said. Section 1 of the 14th amendment provides that: All persons born or naturalized in the United States. and subject to the jurisdiction thereof. are citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. nor shall any State deprive any person of life. liberty or property. without due process of law. nor deny to any person within its jurisdiction the equal protection of laws. It is one thing to argue. as many did until the incorporation doctrine became settled law at least a quarter century ago. that the phrases of the 14th amendment are susceptible of more than one meaning and do not clearly determine the extent to which the drafters of the amendment intended to apply the Bill of Rights to the States.