rteenth Amendment,
however, does not draw all the rights of the federal Bill of Rights
under its protection."[900]

In a concurring opinion concerning the scope of the protection afforded
by this clause of the Fourteenth Amendment, Justice Frankfurter
contended that further argument thereon is foreclosed by Twining _v._
New Jersey, a precedent, on which he commented as follows: "Decisions of
this Court do not have equal intrinsic authority. The _Twining_ Case
shows the judicial process at its best--comprehensive briefs and
powerful arguments on both sides, followed by long deliberation,
resulting in an opinion by Mr. Justice Moody which at once gained and
has ever since retained recognition as one of the outstanding opinions
in the history of the Court. After enjoying unquestioned prestige for
forty years, the _Twining_ Case should not now be diluted, even
unwittingly, either in its judicial philosophy or in its particulars. As
the surest way of keeping the _Twining_ Case intact, I would affirm this
case on its authority."

In dismissing as historically untenable the position adopted by Justice
Black, Justice Frankfurter further declared that: "The notion that the
Fourteenth Amendment was a covert way of imposing upon the States all
the rules which it seemed important to Eighteenth Century statesmen to
write into the Federal Amendments, was rejected by judges who were
themselves witnesses of the process by which the Fourteenth Amendment
became part of the Constitution. Arguments that may now be adduced to
prove that the first eight Amendments were concealed within the historic
phrasing of the Fourteenth Amendment were not unknown at the time of its
adoption. A surer estimate of their bearing was possible for judges at
the time than distorting distance is likely to vouchsafe. Any evidence
of design or purpose not contemporaneously known could hardly have
influenced those who ratified the Amendment. Remarks of a particular
proponent of the Amendment, no matter how influential, are not to be
deemed part of the Amendment. What was submitted for ratification was
his proposal, not his speech. * * * The Due Process Clause of the
Fourteenth Amendment has an independent potency, precisely as does the
Due Process Clause of the Fifth Amendment in relation to the Federal
Government. It ought not to require argument to reject the notion that
due process of law meant one thing in the Fifth Amendment and another in
the Fourteenth. T