1	Bill of Rights Incorporation Under the Fourteenth Amendment Fourteenth Amendment 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 the laws.
2	Enforcing the Fourteenth Amendment Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
3	Interpreting the Fourteenth Amendment SLAUGHTER-HOUSE CASES, 83 U.S. 36 (1872) No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States It is quite clear, then, that there is a citizenship of the United States, and a citizenship of a State, which are distinct from each other, and which depend upon different characteristics or circumstances in the individual.
4	Dual Citizenship The language is, 'No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.' It is a little remarkable, if this clause was intended as a protection to the citizen of a State against the legislative power of his own State, that the word citizen of the State should be left out when it is so carefully used, and used in contradistinction to citizens of the United States, in the very sentence which precedes it. It is too clear for argument that the change in phraseology was adopted understandingly and with a purpose.
5	Privileges and Immunities Of the privileges and immunities of the citizen of the United States, and of the privileges and immunities of the citizen of the State, and what they respectively are, we will presently consider; but we wish to state here that it is only the former which are placed by this clause under the protection of the Federal Constitution, and that the latter, whatever they may be, are not intended to have any additional protection by this paragraph of the amendment.
6	Fourteenth Amendment Does Not Expand Privileges and Immunities of Citizens of States Having shown that the privileges and immunities relied on in the argument are those which belong to citizens of the States as such, and that they are left to the State governments for security and protection, and not by this article placed under the special care of the Federal government The Fourteenth Amendment does not alter the power of the States to define the civil rights of their citizens
7	Argument of Dissenters Field and Bradley Joined by Justice Swayne Privileges and Immunities of citizens of the United States are those fundamental rights of Englishmen which they brought to American. States cannot abridge these rights. A major purpose of the Fourteenth Amendment was to give Congress the authority to protect civil rights in the states
8	Fundamental Protections Against Monopolies in the Common Law Common and well as statutory law protects rights included as the privileges and immunities of all citizens. The common law of England, as is thus seen, condemned all monopolies in any known trade or manufacture, and declared void all grants of special privileges whereby others could be deprived of any liberty which they previously had, or be hindered in their lawful trade.
9	Dissenters Conclusion The Fourteenth Amendment guarantees the fundamental rights or all citizens against state action that would deny such rights. The dissents mention the Bill of Rights only once and do not make it central to their argument, that the Fourteenth Amendment extends national power and rights to the states.
10	Incorporated or Not Incorporated? 1st Amendment: Fully incorporated. 2nd Amendment: No Supreme Court decision on incorporation since 1876 (when it was rejected). 3rd Amendment: No Supreme Court decision; 2nd Circuit found to be incorporated. 4th Amendment: Fully incorporated. .
11	Incorporated or Not Incorporated? 5th Amendment: Incorporated except for clause guaranteeing criminal prosecution only on a grand jury indictment. 6th Amendment: Fully incorporated. 7th Amendment: Not incorporated. 8th Amendment: Incorporated with respect to the protection against "cruel and unusualpunishments," but no specific Supreme Court ruling on the incorporation of the "excessive fines" and "excessive bail" protections