the legal principle of free incorporation meant that
Incorporation of the Bill of Rights
In the 1833 case of Barron v. Baltimore , the Supreme Court of the United States held that the Bill of Rights did not apply to state governments ; such protections were instead provided by the constitutions of each state . After the Civil War , Congress and the states ratified the Fourteenth Amendment , which included the Due Process Clause and the Privileges or Immunities Clause . While the Fifth Amendment had included a due process clause , the due process clause of the Fourteenth Amendment crucially differed from the Fifth Amendment in that it explicitly applied to the states . The Privileges or Immunities Clause also explicitly applied to the states , unlike the Privileges and Immunities Clause of Article IV of the Constitution . In the Slaughter - House Cases ( 1873 ) , the Supreme Court ruled that the Privileges or Immunities Clause was not designed to protected individuals from the actions of state governments . In Twining v. New Jersey ( 1908 ) , the Supreme Court acknowledged that the Due Process Clause might incorporate some of the Bill of Rights , but continued to reject any incorporation under the Privileges or Immunities Clause .
In the 1833 case of Barron v. Baltimore , the Supreme Court of the United States held that the Bill of Rights did not apply to state governments ; such protections were instead provided by the constitutions of each state . After the Civil War , Congress and the states ratified the Fourteenth Amendment , which included the Due Process Clause and the Privileges or Immunities Clause . While the Fifth Amendment had included a due process clause , the due process clause of the Fourteenth Amendment crucially differed from the Fifth Amendment in that it explicitly applied to the states . The Privileges or Immunities Clause also explicitly applied to the states , unlike the Privileges and Immunities Clause of Article IV of the Constitution . In the Slaughter - House Cases ( 1873 ) , the Supreme Court ruled that the Privileges or Immunities Clause was not designed to protected individuals from the actions of state governments . In Twining v. New Jersey ( 1908 ) , the Supreme Court acknowledged that the Due Process Clause might incorporate some of the Bill of Rights , but continued to reject any incorporation under the Privileges or Immunities Clause .