Selective Incorporation apgoPo Excerpt of the text of the Fourteenth Amendment

Judicial Interpretations Before the Civil War

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Judicial Interpretations Before the Civil War

In Barron v. Baltimore (1833), the Supreme Court was called upon for the first time to interpret whether the Bill of Rights could be seen as limiting state powers… Marshall observed that the call for amendments that emanated from the state ratifying conventions was motivated by fear of federal power, not fear of state power. In light of the unambiguous historical record, the Supreme Court had no authority to apply the Bill of Rights to the states. The Court’s decision in Barron v. Baltimore remained unchallenged until after the Fourteenth Amendment was added to the Constitution in 1868.

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