On June 8, 1789, James Madison introduced a series of proposed constitutional amendments that became the Bill of Rights. Madison argued that these rights should be protected 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 restrict 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 to anyone who arrested and prosecuted the editor or publisher of "the Liberator" or anyone circulating the paper within the state.

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

Thus, Madison's early vision of extending constitutional protections to limit state authority was eventually realized through the 14th Amendment, reshaping the balance between federal and state powers.

Sources