The Lost Compromise: 2025

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The article by Bryan H. Wildenthal in the Ohio State Law Journal challenges the long-held belief that the Fourteenth Amendment does not incorporate the Bill of Rights to apply to the states, particularly through Justice Miller's majority opinion in the Slaughter-House Cases (1873). Wildenthal argues that a consensus existed among early Justices and Congress members that at least some rights from the Bill of Rights were intended to be incorporated. He examines historical debates and previously untapped sources, suggesting that this incorporationist view was briefly accepted before being undermined by subsequent Supreme Court decisions. The article calls for a reassessment of incorporation theory in light of this historical evidence, especially as recent cases indicate a renewed interest in the Privileges and Immunities Clause.

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What happened in the Great Compromise?

The removal of all remaining U.S. military forces from the former Confederate states. At the time, U.S. troops remained only in Louisiana, South Carolina, and Florida, but the Compromise completed their withdrawal from the region; The appointment of at least one Southern Democrat to Hayes cabinet.

What did Thomas Jefferson say about the compromise?

The Declaration of Independence Compromise Jefferson wrote that the compromise to achieve the unanimous Declaration of Independence explained the contradiction of a nation based on the idea that all men are created equal while perpetuating the practice of slavery.

What happened in the compromise?

The Compromise of 1850 had several parts. They included California being admitted as a free state and the borders of Texas being settled, with areas ceded by Texas becoming the recognized territories of New Mexico and Utah.

What happened during the Compromise of 1877?

The bill included California entering the Union as a free state, defining Texass border in return for debt relief, establishing New Mexico and Utah as official territories, and finally banning the slave trade in the District of Columbia in exchange for a new fugitive slave law.