Foreword
The best introduction to this important book by Michael Curtis was
effectively provided by the Attorney General of the United States, Mr.
Edwin Meese, on July 9, 1985.
It
appeared in the form of his major
address to the American Bar Association, in Washington, D.C. The sub-
ject of the Attorney General's nationally reported speech was the extent
to which the Bill of Rights does or does not apply to the states.
It
is the
same subject to which Mr. Curtis devotes himself in
No State Shall
Abridge. This foreword is in turn but a bridge, an invitation as it were, to
cross over from the Attorney General's address to Mr. Curtis's response.
In his remarks to the
ABA,
Mr. Meese shared with the assembled
lawyers his satisfaction with certain recent Supreme Court decisions he
described as tending to undo "the damage" previously done by what he
referred to as the "piecemeal incorporation" of the Fourth Amend-
ment to the Constitution through the Fourteenth Amendment. The
"damage" to which the Attorney General referred was damage he
associated with a set of significant Supreme Court cases decided princi-
pally during the tenure of the Warren Court-cases in which search-
and-seizure practices by state law enforcement officials had been
examined by the Supreme Court under Fourth Amendment standards.
To the extent that recent Supreme Court decisions reviewing state
search-and-seizure procedures reflected a somewhat more relaxed
view on the Court, namely, that the states may not be bound to observe
the same standards constitutionally required of federal law enforcement
agents, Mr. Meese regarded the new cases as both welcome and encour-
aging. They tended, as he said, to undo "the damage" previously
resulting from the Warren Court's use of the "incorporation" doctrine.
These recent developments, the Attorney General felt encouraged
to suggest, might not represent an isolated trend. Rather, they might
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