structural:scholar_edition, linguistic:translation
Incorporation of the Bill of Rights

Prior to the Fourteenth Amendment, the Supreme Court held in Barron v. Baltimore (1833) that the Bill of Rights only restrained the federal government. However, in Chicago, Burlington & Quincy Railroad Co. v. City of Chicago (1897), the Supreme Court applied the Fifth Amendment's Takings Clause to the eminent domain power of state governments under the Due Process Clause, beginning an ongoing process of incorporation. Legal scholar Akhil Reed Amar has argued that while Congress intended the Fourteenth Amendment to reverse the Barron decision, Representative Bingham expected incorporation to rely on the Privileges or Immunities Clause. The Supreme Court has explicitly rejected incorporation of the Fifth Amendment's Grand Jury Clause and Seventh Amendment, and it has never addressed the Third Amendment.