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- Embed this noticeThat's another wrinkle I actually can opine on, unlike the direct criminal rules. People often think the bill of rights applies against the states, but it's not quite the case. It's very nuanced.
They didn't initially. They were incorporated via the incorporation doctrine during the 20th century. It applies them through the 14th amendment. It's still not quite a direct application though. There's typically a balancing test involved, the states interest vs. The federal citizens interest.
Unfortunately, these balancing tests were later backbuilt into cases where the BoR was applied against the fed itself. 🙄