14th Amendment
The McDonald Case Was an Originalism Failure
Perhaps the most significant and long-lasting legacy of Donald Trump’s presidency will be his appointments to the United States Supreme Court. Supporters of candidate Trump expressed excitement over the opportunity for a Republican President to appoint a jurist...
Charlottesville: Blame the Incorporation Doctrine
There was plenty of blame and finger-pointing in the aftermath of the Charlottesville protests. One woman died and at least 33 people suffered injuries when right-wing and left-wing groups clashed during the Unite the Right Rally. Two state troopers also died when...
The Supremacy Clause and the Bill of Rights
Many Americans believe the Bill of Rights apply to state and local governments. Most who hold this position rely on the 14th Amendment and the “incorporation doctrine” to support their position. But some proponents of using federal power to restrict state...
Antonin Scalia and the Incorporation Doctrine
Antonin Scalia has been given much credit as a champion of “originalism,” a school of constitutional interpretation that bases its deductions on the common understanding reached at the time of ratification. Rejecting the view that the Constitution should be settled by...