Why was it necessary in 1868 to apply the federal bill of rights to the states with the 14th amendment?
The necessity to apply the federal Bill of Rights to the states through the 14th Amendment in 1868 arose due to several factors and developments during that time:
1. Protection of individual rights: The inclusion of the Bill of Rights in the Constitution was primarily to protect individual liberties from excessive government interference. However, these rights were only enforceable against the federal government, not state governments.
2. Post-Civil War Reconstruction: The 14th Amendment was enacted as part of the Reconstruction efforts after the American Civil War (1861-1865). Its main purpose was to protect the rights of newly freed slaves and ensure their equal protection under the law. The Amendment addressed issues such as citizenship, due process, and equal protection.
3. Widespread violation of rights: During the Reconstruction era, several states in the South enacted repressive measures (known as "Black Codes") to restrict the rights of African Americans. These codes aimed to maintain white supremacy and deny former slaves their newly acquired civil liberties.
4. Diverse interpretation of the Constitution: Different states had varying interpretations of the Constitution, which resulted in disparate levels of protection for individual rights at the state level. Applying the Bill of Rights to the states through the 14th Amendment aimed to provide a uniform standard and ensure the same protections for all citizens across the country.
By incorporating the Bill of Rights into the 14th Amendment, the federal government sought to extend constitutional protections to individuals against state government actions that violated their rights, ensuring more comprehensive and consistent safeguards for individual liberties throughout the United States.