The looming fight over the next Supreme Court justice reveals yet another problem with the dubious incorporation doctrine.
The incorporation doctrine sounds good in theory. Supporters believe the Court will protect your liberty from state and local tyranny. But in effect, it has centralized even more authority at the federal level and given nine politically connected lawyers far too much power.
For Further Reading
The Incorporation Doctrine Broke the Constitutional System
The Incorporation Doctrine and the Bill of Rights
Retired Supreme Court Justice Shows Danger of Trusting Federal Courts with Incorporation