Most Americans want the federal government to “guarantee” their rights. In pursuit of this goal, they use the federal courts to “enforce” the federal Bill of Rights at the state level.
The founding generation rejected this scenario. As Delaware ratifying convention delegate Henry Marchant put it, “the power to guarantee turns quickly into a power to control.”
For Further Reading
The Incorporation Doctrine Broke the Constitutional System
The Incorporation Doctrine and the Bill of Rights
The Incorporation Doctrine Has Given the Supreme Court Nearly Unlimited Power