Early “Lawfare” in 1812: Fallout from Fayal
Incorporation, Selective and otherwise
So, this interesting thought came to mind while I was reading. The Bill of Rights (those cool first 10 amendments to the Constitution) did NOT originally apply to the states. I know right, crazy! They only applied to restrain the federal government. See Barron v. Baltimore in 1833 for the first example of this. Then, U.S. v Cruiskshank in 1876 reaffirmed this. Of course states had their own constitutions and bills of rights, but they didn’t have to match the big federal Bill of Rights.