Why wasn't the Bill of Rights initially applied to state governments?
Asked by: Randi Langosh V | Last update: June 7, 2025Score: 5/5 (11 votes)
The Supreme Court noted that the Bill of Rights was clearly intended to limit only the federal government (see Barron v City of Baltimore (1833)). States and state courts could choose to adopt similar laws, but were under no obligation to do so.
Why did the Bill of Rights not apply to state governments?
Incorporation under privileges or immunities
It is often said that the Slaughter-House Cases "gutted the privileges or immunities clause" and thus prevented its use for applying the Bill of Rights against the states.
Was the Bill of Rights originally applied only to state and local governments?
Certain provisions—such as the First Amendment—specifically mention “Congress.” Others, like the Second Amendment, contain no such explicit references. In the early 19th century, both Congress and the Supreme Court treated the Bill of Rights as applying only to the federal government and not to the states.
Did the original Bill of Rights apply to the states?
Originally, the Bill of Rights applied only to the federal government. (One of the amendments that the U.S. Senate rejected would have applied those rights to state laws as well.)
Was the Bill of Rights originally applied to only the government and not state governments?
The Bill of Rights—comprised of the first ten amendments to the Constitution—originally applied only to the federal government. Barron v. Baltimore (1833). Those who sought to protect their rights from state governments had to rely on state constitutions and laws.
Why wasn’t the Bill of Rights originally in the US Constitution? - James Coll
Should the Bill of Rights be applied to state laws?
If a provision of the Bill of Rights is “incorporated” against the states, this means that the state governments, as well as the federal government, are required to abide by it. If a right is not “incorporated” against the states, it applies only to the federal government.
Who did the Bill of Rights originally only apply to?
Despite their ratification as formal amendments to the U.S. Constitution, the amendments of the Bill of Rights initially applied only to the powers of the federal government and not those of the states — the First Amendment thus begins with the words “Congress [a branch of the federal government] shall make no law.”
Which of the following Bill of Rights protections still does not apply to state governments?
And there are only a few rights that the Supreme Court still hasn't applied to the states—the Third Amendment (quartering of troops), the Fifth Amendment (grand jury right), and the Seventh Amendment (civil jury right). In the end, the Court continues to use the 14th Amendment's Due Process Clause in these cases.
Does the Bill of Rights apply to all levels of government?
However, following the ratification of the 14th Amendment and later decisions by the Supreme Court, the Bill of Rights became a charter of national freedom—applying key Bill of Rights protections (like free speech and religious liberty) to abuses by all levels of government: national, state, and local.
Does the First Amendment apply to the states?
Of course, the First Amendment also applies to the non-legislative branches of government—to every government agency—local, state, or federal. Herbert v. Lando, 441 U.S. 153, 168 n. 16 (1979).
Which right isn't guaranteed in the First Amendment?
Incitement to Imminent Lawless Action
The First Amendment does not protect speech that incites people to break the law, including to commit acts of violence.
Why were some Americans opposed to the Constitution?
The Anti-Federalists feared that the new Constitution gave the national government too much power. And that this new government—led by a new group of distant, out-of-touch political elites—would: Seize all political power. Swallow up the states—the governments that were closest to the people themselves.
Why did some states feel a Bill of Rights was necessary?
Antifederalists argued that a bill of rights was necessary because, the supremacy clause in combination with the necessary and proper and general welfare clauses would allow implied powers that could endanger rights. Federalists rejected the proposition that a bill of rights was needed.
Has the Bill of Rights now been applied to the state governments?
Case by case, federal courts—first in a trickle and then in a flood—expanded the Bill of Rights' reach. Under the doctrine of “incorporation,” Supreme Court decisions incorporated many Bill of Rights guarantees into the 14th Amendment, applying them to state and local governments.
What made the Bill of Rights apply to states?
However, following the ratification of the Fourteenth Amendment, the Supreme Court has interpreted the Fourteenth Amendment's Due Process Clause to impose on the states many of the Bill of Rights' limitations, a doctrine sometimes called incorporation against the states through the Due Process Clause.
Did any states not ratify the Bill of Rights?
When the Second Congress adjourned, the ratification of 10 Amendments by 11 States had been officially received by Jefferson, the Congress, and the President. The Constitution now contained a Bill of Rights. Three States did not officially support the adoption or rejection of the Bill of Rights.
Why do you think the Bill of Rights originally did not apply to the states?
The Bill of Rights originally applied only to the national government. Given the concerns about centralized power shared by Federalist and Anti-Federalists alike, this is no surprise. Federalist arguments for strong national power always presupposed strong power in states as well.
Why did James Madison change his mind about adding a Bill of Rights to the Constitution?
10, Madison also believed that a large republic would have many contending factions that would prevent a majority from violating the rights of minorities. Nevertheless, he began to change his mind. Madison was deeply concerned about the continuing strength of the Anti-Federalists after ratification.
What would happen if the Bill of Rights didn't exist?
Government control, unfairness, and no individuality would be the state of the US if not for the Bill of Rights. People would not be able to do things that are unique to their personality like speaking or practicing a language.
Which Bill of Rights do not apply to the states?
For many years, the Supreme Court ruled that the amendment did not extend the Bill of Rights to the states. Not only did the 14th Amendment fail to extend the Bill of Rights to the states; it also failed to protect the rights of Black citizens.
What states that no person shall be deprived of life?
ARTICLE III. Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.
Why was the 14th Amendment considered unsuccessful?
However, the Fourteenth Amendment is often considered unsuccessful because its provisions were not fully protected or enforced. Discrimination by private individuals was not prohibited and the Supreme Court interpreted its powers narrowly.
Do the Bill of Rights apply to all levels of government?
The Bill of Rights applies to all levels of government. This means it applies to the federal government, state governments, and local governments. Here's why: 1. The Bill of Rights is a set of amendments to the United States Constitution.
Who did the original Bill of Rights not apply to?
Despite its seemingly inclusive wording, the Bill of Rights did not apply to all Americans—and it wouldn't for more than 130 years. At the time of its ratification, the “people” referenced in the amendments were understood to be land-owning white men only.
Does the Bill of Rights protect U.S. from state governments?
It guarantees civil rights and liberties to the individual—like freedom of speech, press, and religion. It sets rules for due process of law and reserves all powers not delegated to the Federal Government to the people or the States.