What Government Does The U.S. Bill Of Rights Limit?

The first answer can be found in Article VII of the U.S. Constitution itself:

“The ratification of the conventions of nine States shall be sufficient for the establishment of this Constitution between the States so ratifying the same.” [Emphasis added.]

The second answer can be found in the journal of the convention, which records only the votes of the States. Once more, it was the States (not individual delegates) that cast the votes in the convention. Additionally, each State specified what portion of its delegation needed to be present to act and cast the States’ vote.

If you’re asking yourself what this has to do with the applicability of the U.S. Bill of Rights, just stay with me…we’re getting there.

It is also critically important to understand the structure and construction of the U.S. Constitution before attempting to read and interpret it. So what was the purpose of drafting and ratifying the U.S. Constitution?  Very simply, the purpose was to define and limit the authority of the Federal government; and as Madison specified in Federalist 45:


Further, Article VI Section 2 of the U.S. Constitution specifies that the authority delegated to the Federal government is supreme:


But while the U.S. Constitution and laws made in pursuance thereof are the supreme law of the land, this is entirely different than the Federal government being supreme in everything it does.

To be sure that the federal government’s authority was limited to the powers enumerated within the U.S. Constitution, many states ratification was contingent upon amendments being passed including what became the 10th Amendment (which Jefferson considered the “foundation” of the Constitution):

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people“ [Emphasis added.]

The ultimate check on Federal power by a State can be uncovered with a quick read of the State ratifying resolutions (e.g. Virginia, New York, Rhode Island). These resolutions illustrate the fundamental right of rescission (i.e.  Powers delegated to the Federal government can be reassumed). Take the New York ratification resolution for example:


Let’s review:

  • The U.S. Constitution is a compact between the States.
  • The limited authority delegated to the Federal government is enumerated in the U.S. Constitution.
  • The States created the Federal government to be an agent of the States to carry out limited powers.
  • The States have the legal authority to reassume powers delegated to the Federal government.

After reflecting on all of these rather clear-cut facts, one must question why would the States create an agent (i.e. the Federal government) to limit the States power?

An objective person must come to the obvious conclusion that the States did no such a thing; especially after that same person reads the beginning of the almost-forgotten Preamble to the Bill of Rights:


Regardless if one thinks that it is a good measure to have the Federal government policing the States for any signs of them infringing on the states citizens’ inalienable rights (federalism anyone?), the fact remains that the Bill of Rights was drafted to further clarify limitations on the Federal government, not the States.

Wait…did I just hear someone ask about the “Incorporation Doctrine?”


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Joshua Lyons

Co-Host/Producer at The Forgotten Men Radio Show
Joshua is the co-host of The Forgotten Men radio show, which airs Saturdays at 12 noon ET on AM930 WFMD. The Forgotten Men focus on the current political and economic challenges through the lens of the Constitution and federalism.
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