14th Amendment
Reversing Incorporation?
The Incorporation Doctrine is a commonly accepted constitutional interpretation asserting that the 14th Amendment to the U.S. Constitution made the Bill of Rights enforceable by the federal government against the states. But not everyone agrees. In his paper Reversing...
The Constitution, Congress and Government Debt
What would you do if you were driving a vehicle and came upon a traffic light that had both red and green lights on? Most rational folks would stop. After all, the red means “stop and stay stopped until the red light goes off,” and the green means...
Should We Abandon the Original Constitution?
Should we adhere to the original Constitution of 1789 or the Constitution of 1868? You might be asking, “What is the difference?” Last year, I talked about the rise of the “Progressive Originalists”, those who buttress their loose construction on a distorted reading...
Does the Constitution Protect the Unborn?
When the Supreme Court overruled Roe v. Wade (pdf), most of the outrage came from those who believe the U.S. Constitution protects abortion rights. However, a few argued that the Constitution mandates a national standard forbidding abortion. This essay explains why...