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Incorporation of the Bill of Rights doesn't extend any powers granted by the Constitution to the Federal government, to state, county, city, etc. governments. I
by pdonis 9d ago
Incorporation of the Bill of Rights doesn't extend any powers granted by the Constitution to the Federal government, to state, county, city, etc. governments. It just says those governments (well, the State governments, since the Amendment only explicitly says "States", but other local governments when they are implementing or enforcing State statutes) also have to respect the Bill of Rights when they exercise the powers they already had. The Constitution did not establish those other governments. They were already there.
- ceejayoz 9d ago> also have to respect the Bill of Rights The Bill of Rights is just the first ten. Incorporation has been extended far further than that. Per the link: "However, the post–Civil War era, beginning in 1865 with the Thirteenth Amendment, which declared the abolition of slavery, gave rise to the incorporation of other amendments, applying more rights to the states and people over time." > The Constitution did not establish those other governments. But it does constrain them. They agreed to that when they ratified the Constitution and joined the United States.