On June 8, 1789, James Madison introduced a set of constitutional amendments that would become the Bill of Rights. Madison emphasized the need to guard these rights not only against the federal government but also against 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 Georgia.

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 many constitutional rights "do not operate in the slightest degree as a restraint or prohibition upon State legislation." He stated the amendment's purpose was "to restrict the power of the States and compel them at all times to respect these great fundamental guarantees."

Thus, Madison's early concerns about state governments infringing on fundamental rights were eventually addressed through constitutional changes that extended protections against state actions.

Sources