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For instance, the United States Constitu-
tion had six or seven built-in liberties or
guarantees of freedom that we take for
granted today, but which were not taken
for granted at that time.
First of all, it is a written document.
As you perhaps well know, the basic law
of the English government, the English
constitution is unwritten. The great Magna
Carta, which was a compact between Kino-
John and a number of his subjects with
respect to certain freedoms and certain
rights, has been reenacted some 32 times
over the past six or seven hundred years
since it was first written.
Second, the U. S. Constitution declares
and states that it is the supreme law.
Third, it provides for an independent ju-
diciary. Fourth, it provides for specific
powers and prerogatives of the legisla-
ture. Fifth, it provides for the election of
the executive. Sixth, it provides for the
separation into three distinct branches with
controls, and checks and balances between
the executive, judiciary and legislative
branches. Seventh, it provides for amend-
ments.
The Bill of Rights that was written for
the United States Constitution did not ap-
ply to the states. The guarantees of free-
dom set forth in the federal Bill of Rights
were early held to be applicable only to acts
of Congress. At the end of the Civil War,
among the amendments that were added to
set up and protect the newly-freed slaves
was the 14th Amendment. Let me just
read to you very briefly that part of the
Fourteenth Amendment which has become
so important in our lives today.
"All persons born or naturalized in the
United States, and subject to the jurisdic-
tion thereof, are citizen? of the United
States and of the states wherein they re-
side. 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 proc-
cess of law; nor deny to any person within
its jurisdiction the equal protection of the
laws."
What does that mean? Well, the draft-
ers, Representative John A. Bingham of
Ohio and Senator Jacob M. Howard of
Michigan, thought that it had two im-
portant meanings. First, it meant that it
projected and incorporated the fi"st eight
amendments or nine amendments of the
U. S. Constitution to states. The freedom
guaranteed in those amendments were car-
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ried over to and became obligatory to state
action.
This amendment had a second meaning.
In the words of Senator Howard, "It will,
if adopted by the states, forever disable
every one of them from passing laws
trenching upon those fundamental rights
and privileges which pertain to the citi-
zens of the United States, and to all per-
sons who happen to be within tliLMr juris-
diction.
"It establishes the equality before the
law and gives to the humblest, the poorest,
the most despised of the race, the same
right and the same protection before the
law as it gives to the most powerful, the
most wealthy or the most haughty."
Well, it is history, and I am .sure you
are all aware of it, that a series of Su-
preme Court decisions greatly curtailed the
effect of this amendment. In the Slaughter
House cases, and in Plexni/ v. Fcrynson,
which was the famous case that permitted
equal but separate rights, in Pl art ado r.
Culifonria, which held that the right- to
grand jury action was not a mater of due
process, and in a dozen other particular
and peculiar decisions, the great effect of
the 14th Amendment was largely cur-
tailed.
It was not until modern times that the
Fourteenth Amendment, a great slumber-
ing giant, really came into its own, and
we now find that it is now one of the most
important influences in our lives with re-
spect to personal, individual freedoms and
rights.
Back in 11)25, the Supreme Court stated
that the Fir.st Amendment guarantee of
freedom of press and speech, was a right
that was now recognized as applying to
state action as well as to federal action.
With the start made in that case, the Court
has consistently enlarged this concept to
tho point where all aspects of the First
Amendment are now applicable to states.
This includes the freedom of speech and
pi-ess, the right of assembly, freedom of
religion, and the separation of cliurch and
state in the establishment clause.
The Court has also applied the provisions
of the Fourth Amendment with respect to
freedom from unreasonable search and
seizure. It has extended through the Sixth
Amendment the right to fair, speedy and
public trials and, when the U. S. Supreme
Court thinks it is necessary, a myriad of
safeguards with respect to criminal pro-
cedures.
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