Incorporation Doctrine
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...
Another Case Shows the Supreme Court Doesn’t Protect Liberty
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
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...