Cardozo Journal of Equal Rights & Social Justice
Abstract
The Fourteenth Amendment, designed to ensure equality before the law, has been misinterpreted by the Supreme Court through its incorporation doctrine, leading to rulings that harm marginalized communities. The article advocates for "Equitable Incorporation," a doctrine requiring courts to consider the impact of their decisions on historically discriminated groups, ensuring the Amendment's purpose of equity and justice is upheld. This approach would necessitate the incorporation of unincorporated rights and reinterpret existing ones to reflect the Amendment's equitable intent.
Disciplines
Constitutional Law | Criminal Law | Criminal Procedure | Fourteenth Amendment | Law | State and Local Government Law
Recommended Citation
Robert D'Alessandro,
Equitable Incorporation: How History and Tradition Can Progressively Redefine the Fourteenth Amendment,
31
Cardozo J. Equal Rts. & Soc. Just.
395
(2025).
Available at:
https://larc.cardozo.yu.edu/cardozoersj/vol31/iss2/4
Included in
Constitutional Law Commons, Criminal Law Commons, Criminal Procedure Commons, Fourteenth Amendment Commons, State and Local Government Law Commons