On June 8, 1789, James Madison introduced a set of constitutional amendments that would become the Bill of Rights. Madison argued that these rights needed protection not only from the federal government but also from state governments, stating, "the state governments are as liable to attack these invaluable privileges as the general [national] government is, and therefore ought to be as cautiously guarded against."

Originally, the Bill of Rights applied only to the federal government, allowing states to enact laws that could infringe on freedoms such as speech, press, religion, and assembly without violating the First Amendment. For example, in 1831, the Georgia legislature authorized a $5,000 bounty to be paid by the Governor for arresting and prosecuting individuals involved with circulating the abolitionist paper "the Liberator" within the state.

This dynamic changed with the ratification of the 14th Amendment in 1868. Jacob Howard (R-Mich.), who introduced the amendment in the Senate in 1866, explained that the Constitution's "mass of privileges, immunities, and rights" did not originally restrain state legislation. The 14th Amendment aimed "to restrict the power of the States and compel them at all times to respect these great fundamental guarantees."

Thus, the 14th Amendment extended the protections of the Bill of Rights to apply against state governments, marking a significant shift in American constitutional law.

Notable Quotes

  • "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
  • "Which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
  • "The great object of the first section of this [14th] amendment is, therefore, to restrict the power of the States and compel them at all times to respect these great fundamental guarantees."

Sources

This article is based on reporting from Reason, including statements by James Madison and Jacob Howard, and historical examples from Georgia state law in 1831.

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