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Based on the Bill of Rights
protection from government infringement
the courts define you liberties
freedoms that are protected for all
Originally, the Bill of Rights only applied to the national government.
* Most state constitutions already had a set of rights.
* The states were more in tune with their people and could individualize the rights to suit them.
1833: Barron v Baltimore
states did not have to protect the rights listed in the first ten amendments to the Constitution.
1868: 14th Amendment stated that the civil liberties found in the Bill of Rights did apply to the states. "No state shall deprive any person of life, liberty, or property without due process of the law."