Incorporation Doctrine

The Incorporation Doctrine and the Bill of Rights

by Mike Maharrey | May 23, 2020 | 14th Amendment, Bill of Rights, Court Cases, Incorporation Doctrine

In a previous Constitution 101 post, I established that the Bill of Rights was not originally intended to apply to the states. But lawyers and other supporters of federal courts policing rights at the state and local level will point to the 14th Amendment. They argue...

Another Case Shows the Supreme Court Doesn’t Protect Liberty

by Mike Maharrey | May 11, 2020 | 4th Amendment, Court Cases, Incorporation Doctrine

The Supreme Court handed down another opinion eroding the Fourth Amendment in a case that should have never gone to the federal court. Kansas v. Glover revolves around a traffic stop by Douglas County Sheriff’s Deputy Mark Mehrer. He pulled Charles Glover over...

Supreme Court Simultaneously Tramples State Sovereignty and Fourth Amendment

by Suzanne Sherman | Jul 14, 2019 | 14th Amendment, 4th Amendment, Court Cases, Incorporation Doctrine

A case recently decided by the U.S. Supreme Court once again reveals the inherent danger of placing virtually unlimited authority in the federal judiciary and centralizing decision making for 50 sovereign states and over 325 million people in the hands of nine...

The Supreme Court Gets It Wrong Even While Getting It Right

by Suzanne Sherman | Jul 1, 2019 | 1st Amendment, Court Cases, Incorporation Doctrine

Conservatives are cheering the recent opinion by the United States Supreme Court allowing a cross to remain on public land. But should they be? In 1918, residents of Prince George’s County, Maryland, formed a committee for the purpose of erecting a memorial for the...

Giving Federalism the Middle Finger

by Suzanne Sherman | Mar 22, 2019 | 14th Amendment, 1st Amendment, Bill of Rights, Constitution, Incorporation Doctrine

The impulse to turn everything into a federal case – even something a personal as an obscene finger gesture – flips the middle finger at the political system the founders created. Whether you agree with the behavior or not, the “right” to wave your middle...

How Heller Botched the Second Amendment

by Suzanne Sherman | Aug 22, 2018 | 2nd Amendment, Court Cases, Incorporation Doctrine, Judiciary, Right to Keep and Bear Arms

Ask any gun enthusiast about the basis or origins of our right to keep and bear arms, and many will undoubtedly bring up the landmark case District of Columbia et al. v. Heller, decided by the United States Supreme Court in 2008. This case is touted as the vindication...

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