The study of state constitutions has long been eclipsed by the study of the federal Constitution. The Supreme Court of the United States, under the leadership of Chief Justice Earl Warren, seized the Fourteenth Amendment’s due process clause and used it as a vehicle to impose specific federal requirements on the states. By the end of the 1960s, almost all of the Bill of Rights, originally understood as commands to the national government, became applied to the states as a requirement of the Fourteenth Amendment’s due process clause. This “incorporation” of the...
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