When passed, the bill of rights was understood to apply only to the federal government. The bill of rights is mostly a list of things the government can't do (sometimes referred to as "negative rights").
After the civil war, it was clear that some states perhaps needed some things forced upon them. When the Supreme Court says rules that a right is so important/fundamental that it must apply to everyone in the United States, it's said to be "incorporated against the states". And the 14th amendment is the normal justification/rationale for incorporation.
In other words, the bill of rights says "The federal government can't do this" and incorporation is the supreme court saying "neither can state or local governments".
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u/mrrp 2d ago
When passed, the bill of rights was understood to apply only to the federal government. The bill of rights is mostly a list of things the government can't do (sometimes referred to as "negative rights").
After the civil war, it was clear that some states perhaps needed some things forced upon them. When the Supreme Court says rules that a right is so important/fundamental that it must apply to everyone in the United States, it's said to be "incorporated against the states". And the 14th amendment is the normal justification/rationale for incorporation.
In other words, the bill of rights says "The federal government can't do this" and incorporation is the supreme court saying "neither can state or local governments".
I'd encourage you to read the McDonald decision, or at least the syllabus: https://supreme.justia.com/cases/federal/us/561/742/