Expanding Federal Power in the Name of Liberty?

Source: Tenth Amendment Center
by Mike Maharrey

“The incorporation doctrine applies the limits on the federal government found in the Bill of Rights to state and local governments through the 14th Amendment. In effect, this legal doctrine empowers the Supreme Court to legally nullify state and local actions by judicial decree. This is how federal courts have been able to force cities to remove Christmas displays from local parks and create a system of qualified immunity shielding local cops from prosecution. Arguments that the 14th Amendment intended to apply the Bill of Rights to the states rest on very thin evidence. Supporters of the amendment during ratification argued that it merely constitutionalized the Civil Rights Act of 1866. Regardless, using the incorporation doctrine to turn every little issue into a federal case is a bad strategy for anybody interested in minimizing the scope of federal power.” (09/05/21)