Barron v. Baltimore's ruling affected incorporation in what way?

Barron v. Baltimore's ruling affected incorporation in what way?

• A. That the Bill of Rights restrained state governments.
• B. That the Bill of Rights applied to cities and counties.
• C. That the Bill of Rights restrained only the national government, not states and cities.
• D. That the Bill of Rights did not apply to any government.

Answer: (C)

Barron v. Baltimore establishes the rule that the Bill of Rights originally restricted only the national government, not the states or local governments. In that decision, the Supreme Court held that the protections in the first ten amendments did not apply to state or local actions. As a result, at that time there was no incorporation of those rights to apply against state or local authorities. To understand the impact, think of the Bill of Rights as curbing federal power in the early era of the Republic. The Fourteenth Amendment later changed the game by using the due process clause to begin applying most of those rights to the states, through the process known as incorporation. But Barron sets the baseline: federal restraint, not state or municipal restraint, for the original rights. The other options assume that states or cities were bound by the Bill of Rights from the start, or that the rights didn’t apply to any government at all. Barron shows neither is correct—the federal government was restrained, while states and their subdivisions were not, at least before incorporation took hold.

Barron v. Baltimore establishes the rule that the Bill of Rights originally restricted only the national government, not the states or local governments. In that decision, the Supreme Court held that the protections in the first ten amendments did not apply to state or local actions. As a result, at that time there was no incorporation of those rights to apply against state or local authorities.

To understand the impact, think of the Bill of Rights as curbing federal power in the early era of the Republic. The Fourteenth Amendment later changed the game by using the due process clause to begin applying most of those rights to the states, through the process known as incorporation. But Barron sets the baseline: federal restraint, not state or municipal restraint, for the original rights.

The other options assume that states or cities were bound by the Bill of Rights from the start, or that the rights didn’t apply to any government at all. Barron shows neither is correct—the federal government was restrained, while states and their subdivisions were not, at least before incorporation took hold.