Právněhistorické studie / Legal History Studies (Charles University journal; below referred to as PHS or Journal) is a scientific journal listed in the international prestigious database SCOPUS. The journal is published by Charles University in Prague under the guarantee of the Department of Legal History of the Faculty of Law of Charles University. It is published by the Karolinum Press. The journal focuses on the field of legal history and related topics.
Issue 1 of the Journal was published by the Czechoslovak Academy of Sciences Publishing in June 1955. The Journal was initially published by the Cabinet of Legal History of the Czechoslovak Academy of Science (CSAV), later by the Institute of State and Law (CSAV) and then by the Institute of Legal History of the Faculty of Law of Charles University.
PHS is issued three times a year in April, August, and December and it presents original scientific works/papers as well as reviews, annotations and news from the scientific field of legal history. It also introduces annotated texts of a legal history nature. PHS accepts manuscripts from domestic as well as foreign authors. Manuscripts submitted by foreign authors are published in original language, namely in English, Slovak, German, French, Italian or Polish.
PHS (ISSN 0079-4929) is registered in the Czech national ISSN centre (supervised by the State Technical Library). The Journal is registered by the Ministry of Culture of the Czech Republic according to Act No. 46/2000 Sb., on Rights and Liabilities for the Publishing of Periodicals and Change of Some Acts (Press Act), and it is allocated with registration number of periodical press MK E 18813.
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PRÁVNĚHISTORICKÉ STUDIE, Vol 54 No 2 (2024), 81–94
Proces postupné inkorporace Listiny práv na státní úrovni ve Spojených státech amerických do konce 60. let 20. století
[The Process of Gradual Incorporation of the Bill of Rights to the State Level in the United States of America till the End of the Sixties in the 20th Century]
Radim Seltenreich
DOI: https://doi.org/10.14712/2464689X.2024.17
published online: 24. 09. 2024
abstract
In his article, the author deals with the issue of the “nationalization” of civil rights in the USA, by which, in the context of the issue, he means primarily the incorporation of civil liberties contained in the federal Bill of Rights at the level of individual states of he Union. As he explains, this incorporation was rejected until the Civil War based on the U.S. Supreme Court’s decision in Barron v. Baltimore in 1833. Other possibilities for such incorporation opened up after the passage of the 14th Amendment to the Constitution in 1868. However, even here, this solution was first rejected in the so-called “slaughterhouse cases” of 1873, when the “immunities and privileges clause” of the amendment was not used. The gradual incorporation of the Bill of Rights thus occurs only through the “due process clause” of the 14th Amendment, as evidenced in particular by the decisions of the U.S. Supreme Court adopted in the 20th century. This whole process, which very well documents the issue of the federal system in the USA, is primarily completed in the 1960s.
keywords: civil rights; incorporation; Bill of Rights; 14th Amendment; U.S. Supreme Court
references (9)
1. ABRAHAM, H. J., PERRY, B. A. Freedom and the Court. Oxford: Oxford University Press, 1998.
2. ENGDAHL, D. E. Constitutional Federalism. St. Paul: West Publishing Company, 1987.
3. FARBER, D. A., SHERRY, S. A History of the American Constitution. St. Paul: West Publishing Company, 1990.
4. GUNTHER, G. Constitutional Law, Westbury: The Foundation Press, 1991.
5. HALL, K. L., WIECEK, W. M., FINKELMAN, P. American Legal History (Cases and Materials). Oxford: Oxford University Press, 1991.
6. NOWAK, J. E., ROTUNDA, R. D., YOUNG, J. L. Constitutional law. St. Paul: West Publishing Company, 1978.
7. ROSSUM, R. A., TARR, G. A. American Constitutional Law (Volume II.). New York: St. Martin's Press, 1995.
8. TINDALL, G. B., SHI, D. E. Dějiny států - USA. Praha: Nakladatelství Lidové noviny, 1994, s. 799-800.
9. TRIBE, L. H. American Constitutional Law. Mineola: The Foundation Press, 1988.
Proces postupné inkorporace Listiny práv na státní úrovni ve Spojených státech amerických do konce 60. let 20. století is licensed under a Creative Commons Attribution 4.0 International License.
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ISSN: 0079-4929
E-ISSN: 2464-689X
