Incorporation Doctrine

The Power to Protect Is the Power to Control

by Mike Maharrey | Jan 11, 2022 | Incorporation Doctrine

Most people think the federal government should “guarantee” their rights. In other words, they think the U.S. government should police state and local governments to ensure that they don’t violate their rights. Practically speaking, the federal government does this...

Expanding Federal Power in the Name of Liberty?

by Mike Maharrey | Sep 5, 2021 | Incorporation Doctrine

The Supreme Court has become the biggest battleground in American politics. Every SCOTUS nomination inevitably devolves into a tooth-and-nail partisan fight. Supreme Court politics worm their way into every presidential election. Ilya Shapiro serves as Cato Institute...

The Supreme Court Case that Protects Cops Using Dangerous Chokeholds

by Mike Maharrey | Aug 18, 2021 | Court Cases, Incorporation Doctrine, Police

Even supporters of the police were shocked by the video of Officer Derek Chauvin pressing his knee on George Floyd’s neck as the restrained man struggled to breathe. Chauvin used one form of chokehold, and Floyd wasn’t the first person to be victimized by...

This Is Why America Is In Trouble

by Brion McClanahan | Feb 24, 2021 | 14th Amendment, Current Events, Incorporation Doctrine

America isn’t in trouble because of Joe Biden. America isn’t in trouble because of Alexandria Ocasio-Cortez and “The Squad.” America is in trouble because of the so-called “incorporation doctrine.” This makes every political issue...

Federalism Gets the Bird for Thanksgiving

by Suzanne Sherman | Nov 28, 2020 | Court Cases, Current Events, Incorporation Doctrine

In what many consider a Thanksgiving gift for religious liberty, the United States Supreme Court struck down occupancy limits for church gatherings in New York. The restrictions were implemented by Governor Andrew Cuomo in an attempt to thwart the spread of the...

Federal Courts Fail Again in Washington Gun Case

by Mike Maharrey | Oct 4, 2020 | 2nd Amendment, Court Cases, Incorporation Doctrine

Conservatives and libertarians often turn to the federal courts to “protect their rights” through an application of the Bill of Rights to the states. This is a bad strategy. Most of the time it fails, and we end up with bad precedents that apply to the...

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