Incorporation Doctrine

Pretend the Federal Government Doesn’t Exist

A lot of people like the idea of the federal government policing the states to protect our rights. I argue that this isn’t the federal government. But what do we do when states violate our rights? Centralization of power is not the solution, even if you like the...

This Was Not a Long-Term Win for Liberty

Everybody was excited about the Supreme Court striking down some of New York Gov. Mario Cuomo’s coronavirus restrictions on religious gatherings. But this was not a long-term win for liberty. In fact, centralizing power is never good for liberty. It may yield...

Justice Fight Another Knock on the Incorporation Doctrine

The looming fight over the next Supreme Court justice reveals yet another problem with the dubious incorporation doctrine. No sane system would invest this much power in 9 politically-appointed lawyers. But that's exactly what the incorporation doctrine has given...

Qualified Immunity: Created Out of Thin Air By Federal Judges

The Supreme Court recently passed on hearing several cases that could have ended or at least restricted qualified immunity. This is the legal doctrine that effectively shields police officers from being legally held accountable for misconduct such as using excessive...

The 10th Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”



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The 10th Amendment

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