blog




  • Essay / The Incorporation Revolution - 1393

    In 1789, James Madison introduced the Bill of Rights, the first ten amendments to the Constitution, to the First Congress. The bill was heavily influenced by the Virginia Bill of Rights and used primarily to protect the rights and liberties of citizens as well as to limit the federal government. The "original Constitution contained few safeguards" for civil rights and liberties, so the Bill of Rights strengthened them, alleviating fears about the new national government (O'Brien 324). Madison and the Anti-Federalists hoped to impose the same restrictions on the states. They found the Bill of Rights practical, explicit, and essential, while Federalists found it unnecessary and potentially dangerous. Hamilton seeks justification against the Bill of Rights using the Constitution's preamble which briefly highlights the "liberty" and "prosperity" afforded to the American people (326). He also argues that the bill may be dangerous because these exceptions to the powers have not yet been granted (326). Nevertheless, in September 1789, Congress proposed 12 amendments to state legislatures that were ratified shortly thereafter in 1791 (326). After the Bill of Rights was signed into law, debate continued over whether these amendments should be applied to state and local governments. as well as the federal government. Anti-Federalists encouraged the enactment of the bill applied in state and local governments to protect the citizens of their local governments and guarantee their rights at the state and local levels. After the Civil War, Reconstruction Amendments were put in place to guarantee the freedom and rights of African Americans. These changes are enforced by the due process clause. During the 20th century, the Bill of Rights began...... middle of paper ...... the Bill of Rights can be exercised in state and local governments. Although the Bill of Rights was enacted in the late 18th century, it took another two centuries before limits were placed on state governments. This is attributed to the ratification of the Fourteenth Amendment. Although the Fourteenth Amendment may not have been intended for this purpose, it helped implement the Bill of Rights. Landmark cases such as Barron v. Baltimore, the Slaughterhouse cases, Hurtado v. California, and WV Board of Education v. Barnette demonstrate the incorporation revolution. Works Cited Fisher, Shauna. “Incorporation of the Bill of Rights.” Constitutional law II. Syracuse University, Syracuse, New York. January 26, 2012. Conference. O'Brien, David M. Civil Rights and Civil Liberties. 7th ed. Flight. 2. New York: WW Norton &, 2008. Print. Constitutional and political law.