My question is did the Founding Fathers intend for the Bill of Rights to apply to all states at the time of its creation? Please read my reasoning before voting.
I believe it did, but I am curious of others opinions.
My reasoning being this:
The founders included the Supremacy Clause (Article VI). In paraphrase it states that the Constitution is the highest form of law in the U.S. legal system, and mandates that all state judges must follow federal law when a conflict arises between federal law and either the state constitution or state law of any state. This was adopted in 1787. In 1791 through ratification, The Bill of Rights was added to the Constitution which meant that all Amendments within the Constitution applied to the supremacy clause the same as every other part of the Constitution applied. The only Amendment that specifically excluded states was the 1st because it specifically said "Congress shall make no law ..." The other amendments did not specifically state any distinction between forms of government. To further validate the intent of the Founders, the 10th Amendment reads "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." This Amendment tells me that the Founders had full intention that the Bill of Rights applied to all states and that anything outside of the Constitution or the Bill of Rights was left to the states to rule how they wish.
In 1833, the Supreme Court ruled (erroneously in my opinion) that the Bill of Rights did not apply to the states. 35 years later the 14th Amendment occurred which has spurred incorporation of most of the Amendments to be applied to the States. I am hoping someone has writings of James Madison that shows his opinion on the ruling of 1833. He passed away 3 years after that ruling. Or maybe someone has statements from some of the other founders (who did not oppose the Bill of Rights) in regards to the 1833 ruling.
I believe it did, but I am curious of others opinions.
My reasoning being this:
The founders included the Supremacy Clause (Article VI). In paraphrase it states that the Constitution is the highest form of law in the U.S. legal system, and mandates that all state judges must follow federal law when a conflict arises between federal law and either the state constitution or state law of any state. This was adopted in 1787. In 1791 through ratification, The Bill of Rights was added to the Constitution which meant that all Amendments within the Constitution applied to the supremacy clause the same as every other part of the Constitution applied. The only Amendment that specifically excluded states was the 1st because it specifically said "Congress shall make no law ..." The other amendments did not specifically state any distinction between forms of government. To further validate the intent of the Founders, the 10th Amendment reads "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." This Amendment tells me that the Founders had full intention that the Bill of Rights applied to all states and that anything outside of the Constitution or the Bill of Rights was left to the states to rule how they wish.
In 1833, the Supreme Court ruled (erroneously in my opinion) that the Bill of Rights did not apply to the states. 35 years later the 14th Amendment occurred which has spurred incorporation of most of the Amendments to be applied to the States. I am hoping someone has writings of James Madison that shows his opinion on the ruling of 1833. He passed away 3 years after that ruling. Or maybe someone has statements from some of the other founders (who did not oppose the Bill of Rights) in regards to the 1833 ruling.
