Incorporation
Antonin Scalia and the Incorporation Doctrine
Antonin Scalia has been given much credit as a champion of “originalism,” a school of constitutional interpretation that bases its deductions on the common understanding reached at the time of ratification. Rejecting the view that the Constitution should be settled by...
Was the Bill of Rights Meant to Apply to the States?
Was the Bill of Rights originally intended to apply to the state governments? Some people argue that it was. They concoct some interesting arguments based on “rules of construction” or approach it through various philosophies of rights and liberty they attribute to...
Incorporation: A Fool’s Game
Meet Bob, the owner and editor of a struggling newspaper. Circulation and interest in his publication remains pretty stable, but advertising revenue dropped precipitously over the last several months. He’s on the verge of shutting down the presses when a very wealthy...