Incorporation Doctrine

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...

The Incorporation Doctrine Has Given the Supreme Court Nearly Unlimited Power

by Mike Maharrey | Sep 30, 2020 | Incorporation Doctrine, Judiciary

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

by Mike Maharrey | Aug 24, 2020 | Court Cases, Incorporation Doctrine, Police

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

by Mike Maharrey | May 30, 2020 | Bill of Rights, Incorporation Doctrine

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

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...

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