Two Shields

In practice

Take the liberties shield first. The Bill of Rights wrote the freedoms down (Gov 099), and Barron v. Baltimore promptly confined them to the national government (Gov 100) — for nearly a century, a state could do what Washington could not. The Fourteenth Amendment changed the ground in 1868 (Gov 101), and the Supreme Court spent the next century turning that clause into selective incorporation, carrying the protections to the states one provision at a time (Gov 102). Now the rights shield. The same amendment carries the equal protection clause (Gov 121). Its promise was betrayed early — Plessy v. Ferguson read separate-but-equal into it for fifty-eight years (Gov 125) — and reclaimed in Brown v. Board of Education (Gov 126). Court holdings alone could not finish the work, so statutes followed: the Civil Rights Act reached commerce and employment (Gov 128), the Voting Rights Act reached the ballot (Gov 129), and today courts measure unequal treatment with tiered review, strict scrutiny at the top (Gov 123). Notice the symmetry the unit has been building: both shields hang on the same amendment, one clause each; both grew case by case rather than all at once; and both are still being shaped. The Fourteenth Amendment is the hinge of the whole story.