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Wednesday, June 29, 2022

FDR on Incorporation and State Action

I'm am getting close to finishing a draft paper on Franklin Roosevelt's 1937 Constitution Day Address. A draft of the speech said the following that was cut from the final version:

Indeed I go further than the Framers of the Constitution. I insist that the Bill of Rights should be observed in the letter and in the spirit not only by the Federal Government, the State governments and the local governments, but by those in private places who have power over other men's lives.

Many of FDR's Supreme Court Justices adopted this view with respect to state and local governments, though not as much for private parties.

Posted by Gerard Magliocca on June 29, 2022 at 08:56 AM | Permalink


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