Thread by @USConst_Amend_I

I limit state and local governments.

A short thread...

https://twitter.com/BadLegalTakes/status/1396903605962100737

Yes, my text limits only Congress, not state and local governments—“Congress shall make no law...”

And in 1833 the Supreme Court said the Bill of Rights did not apply to the state and local governments.

mtsu.edu/first-amendmen…

But then in 1868, the US wisely adopted the Fourteenth Amendment.

Section 1, the important section for this thread, limited state governments in various ways.

law.cornell.edu/constitution/a…

Over the last century or so, the Supreme Court has interpreted the Fourteenth Amendment to apply the Bill of Rights to the states—a doctrine known as incorporation. This includes yours truly.

billofrightsinstitute.org/resources/inco…

Because rights are incorporated one at a time, the Supreme Court is still incorporating rights against the states. In 2019, SCOTUS held for the first time that the Eighth Amendment excessive fines clause is incorporated against the states (thanks to @IJ).

supremecourt.gov/opinions/18pdf…

And in 2020, SCOTUS held that the Sixth Amendment requirement for unanimous jury criminal convictions applies against the states.

supremecourt.gov/opinions/19pdf…

But there is no question remaining that I fully apply to and limit states governments, unless of course you want to end up on Bad Legal Takes lol