Dissent: Justice Black—Total incorporation of the Bill of Rights
(1) Constitution rests on Natural Law theories
(2) Majority’s approach would necessitate a subjective determination as to which rights are fundamental.
(3) 14th Amendment was a congressional attempt to abrogate the Rule found in Baron (Marshall’s clear delineation).
(4) procedural Fed guarantees are applicable to the States via the 14th Amendment.
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