In 1842, the city of New Orleans prosecuted Father Bernard Permoli, a Catholic priest, for conducting an open casket funeral. A violation of the Free Exercise Clause of the First Amendment? The Supreme Court said no: The protections in the Bill of Rights did not bind state and local governments. Then in 1868, the Fourteenth Amendment is ratified, and it incorporated the Bill of Rights against the states–or did it? On this episode, the failure of incorporation after Reconstruction.
Click here for transcript. Click here for Episode 1.
Available on iTunes, Spotify, Google Podcasts, TuneIn, and Stitcher.
Michael McConnell, Stanford Law School
Gerard Magliocca, Indiana University Robert H. McKinney School of Law
Schism, Plague, and Late Rites in the French Quarter: The Strange Story Behind the Supreme Court’s First Free Exercise Case, by Michael McConnell
Why Did the Incorporation of the Bill of Rights Fail in the Late Nineteenth Century? by Gerard Magliocca
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