
Incorporation Doctrine


The Incorporation Doctrine Has Given the Supreme Court Nearly Unlimited Power
The latest fight over the next Supreme Court justice and the abject hysteria on display from both sides of the political aisle reveal yet another flaw in the incorporation doctrine. It has vested Supreme Court justices with nearly unlimited power and elevated them to...
Federal Judge Blasts Qualified Immunity then Grants it Anyway
Another local cop got away with abusing an individual’s rights thanks to qualified immunity and the incorporation doctrine. U.S. District Court Judge Carlton W. Reeves wrote a stinging rebuke of the doctrine of qualified immunity before granting it to Richland...
The Incorporation Doctrine Broke the Constitutional System
I think centralizing power is always a net loss for liberty. So did the founding generation. This is why the framers of the Constitution emphatically rejected a proposal to give the federal government veto-power over state laws. It’s also why the first Congress...
The Incorporation Doctrine and the Bill of Rights
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...