Gideon v. Wainwright · ¶36
In agreeing with the Court that the right to counsel in a case such as this should now be expressly recognized as a fundamental right embraced in the Fourteenth Amendment, I wish to make a further observation.. When we hold a right or immunity, valid against the Federal Government, to be “implicit in the concept of ordered liberty” and thus valid against the States, I do not read our past decisions to suggest that by so holding, we automatically carry over an entire body of federal law and apply it in full sweep to the States. Any such concept would disregard the frequently wide disparity between the legitimate interests of the States and of the Federal Government, the divergent problems that they face, and the significantly different consequences of their actions. Cf. Roth v. United States, 354 U. S. 476, 496-508 (separate opinion of this writer). In what is done today I do not…Read in context ›
U. S. Reports, bound volume
U. S. Reports, volume 372, at 335 (Library of Congress) · transcription: Caselaw Access Project
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