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It should also be noted that historically these were restrictions on the federal government only (see Barron v Baltimore). This is a pretty important distinctio
by jack_h 7y ago
It should also be noted that historically these were restrictions on the federal government only (see Barron v Baltimore). This is a pretty important distinction since states were not limited here. In practice most states have their own constitution which generally follows the federal constitution to some extent.
Of course after the 14th Amendment was passed the legal theory of selective incorporation under the Due Process clause was developed in the early 20th century. Interestingly we are still in the process of incorporating the first eight amendments to the states 150 years later; e.g. the second amendment is the most recently incorporated amendment, the third still hasn't been incorporated though.