Does Bill of Rights extend to states?

[socialize_me]

I have this Constitutional question here: Does the Bill of Rights protect citizens from state governments as well?? I know the Supreme Court has ruled on this before and says it does, but I'm confused on this topic. The US Constitution does hold supremacy over any state constitution, but I thought the bill of rights only applied to the Federal Government and not state governments. I understand most (if not all) state governments have the same protections over speech, press, etc., but I was just looking for input on this topic. Does the Bill of Rights protect us from the Federal Government AND the state government?

[torchbearer]

I think the 14th amendment extends the protection and federal powers.

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law 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.

Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section 3. No one shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.



This is a double edged sword. and it killed states rights.

[nate895]

Just going by the words written, it only applies to the Federal government. All states have a Bill of Rights in their State Constitution anyway, so I wouldn't worry about much oppression coming from them if they actually use it.

[socialize_me]

Just going by the words written, it only applies to the Federal government. All states have a Bill of Rights in their State Constitution anyway, so I wouldn't worry about much oppression coming from them if they actually use it.

Yeah, I wasn't worried either. Most states just reaffirm the Bill of Rights anyway, but I was just making sure...good trivia knowledge that wouldn't be necessary in today's world after all the Supreme Court cases and massive Federal Government, but it is something that helps you understand more about the system.

Thanks torchbearer too...forgot about that one :)

[Young Paleocon]

I would say the tenth amendment also clears this up. By saying all rights not enumerated in the Constitution are thus given to the states, then the Bill of Rights applies to the nation as a whole and holds supremacy over the states.

[bew2005]

In general, yes the 14th Amendment made the Bill of Rights applicable to the states. The Supreme Court interpreted it as such shortly after its passage. Many justices disagreed over whether the entire Bill of Rights was applicable on the states, whether the Bill of Rights applied at all, or whether the principle behind the Bill of Rights applied to the states. After over a century of case law, nearly every one of the ten has been individually applied to the states, but again, it is because the Supreme Court has interpreted the 14th Amendment in that way.

[danberkeley]

In general, yes the 14th Amendment made the Bill of Rights applicable to the states. The Supreme Court interpreted it as such shortly after its passage. Many justices disagreed over whether the entire Bill of Rights was applicable on the states, whether the Bill of Rights applied at all, or whether the principle behind the Bill of Rights applied to the states. After over a century of case law, nearly every one of the ten has been individually applied to the states, but again, it is because the Supreme Court has interpreted the 14th Amendment in that way.

The Supreme Court interprets anything how ever it wants.