Turning the Constitution on its Head

With its decision in Nordyke v. King last week, in which the recent Supreme Court Heller decision was applied to state law, the Ninth U.S. Circuit Court of Appeals took another step down the long road of “incorporating” the Bill of Rights into the Fourteenth Amendment’s Due Process Clause. In doing so, it continued down the path toward completely inverting the model of government to which The People agreed when they ratified the Constitution.

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Recrossing the Rubicon

Few Americans today understand the concept of ‘separation of powers,’ and fewer still are willing to defend it during times of crisis, whether real or manufactured. Yet, it may help to remind them that James Madison, the author of the Constitution and president of the United States, said he had structured a system to be run by devils, where they could do no harm.

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