Final answer:
The substantive constraints in the Bill of Rights are designed to define how government at all levels must protect individual rights, essentially serving as limitations on governmental powers to safeguard personal freedoms. These protections were expanded to include state governments through the Fourteenth Amendment and judicial interpretation. The Bill of Rights is a fundamental element of limited government, ensuring individual liberties are protected against undue governmental encroachment.
Step-by-step explanation:
The substantive constraints found in the Bill of Rights primarily define how the various levels of government must protect the rights of individuals. These constraints are meant to safeguard fundamental liberties such as freedom of speech, religion, press, and assembly; the right to bear arms; and protections against self-incrimination and cruel and unusual punishment, among others. The Bill of Rights serves as a shield for individuals, limiting governmental power and ensuring that personal freedoms are not unduly encroached upon.
Notably, these protections were initially applicable only to the national government, with state constitutions and laws providing their own sets of rights and liberties. However, due to the Fourteenth Amendment and Supreme Court decisions, most of the Bill of Rights' protections have been extended to actions by state governments as well through the process of selective incorporation. Despite the clarity of these constraints, debates continue regarding the extent of these rights and the balance between individual liberties and societal interests.
The Bill of Rights exemplifies the concept of limited government, where the powers of the government are delineated and restricted to ensure the preservation of individual rights. These amendments are seen as a critical balance between the power of the government and the liberties of the people, as theorized by philosophers like John Locke and Jean Jacques Rousseau, who espoused a social contract theory that calls for a protective yet restrained government.