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Channel: Incorporation Doctrine | Tenth Amendment Center
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Turning the Constitution on its Head

by Kevin R.C. Gutzman With its decision in Nordyke v. King last week, in which the recent Supreme Court Heller decision was applied to state law, the Ninth U.S. Circuit Court of Appeals took another...

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The 2nd Amendment and the States

by Patrick Krey, The New American There are few topics that can divide people who are normally ideological bedfellows like the legal doctrine of the “incorporation” of the Bill of Rights against...

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Phony Originalism

by Kevin R.C. Gutzman, Taki’s Magazine Since the days of Ronald Reagan and Edmund Meese, the Republican Party’s position has been that judges should be bound by the people’s understanding of a...

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Kevin Gutzman: Freedom vs the Courts

Add to iTunes Kevin Gutzman, best-selling author and expert on American Constitutional history, discusses the 14th Amendment and the Incorporation Doctrine, how the doctrine has given us government by...

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Gunning Down the Constitution

by Jack Hunter, from The American Conservative When the City of Chicago banned all handguns recently, countless Americans rightly cried foul. When it looked like the Supreme Court might overturn the...

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2nd Amendment Victory? An Opposing View

by Rick Montes, New York Tenth Amendment Center The recent Supreme Court case, McDonald v. City of Chicago, has gun rights advocates celebrating. The National Rifle Association and the true champion of...

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Gun Liberty and McDonald

by Laurence Vance, Campaign for Liberty It has been said that eternal vigilance is the price of liberty. This is especially true when it comes to gun liberty, since there are many organizations and...

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First Amendment Decision Unrelated to the First Amendment

by Robert G. Natelson Commentators and journalists sometimes describe the current U.S. Supreme Court as “conservative.”  But that’s not true if your definition of a conservative justice is a...

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Incorporation of the Bill of Rights in the Fourteenth Amendment

by Raoul Berger EDITOR’S NOTE: The following is an excerpt of the book Government by Judiciary: The Transformation of the Fourteenth Amendment, Foreword by Forrest McDonald (2nd ed.) (Indianapolis:...

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States’ Rights: The Key to Restoring Liberty

State’s rights isn’t a dirty word! In fact, State’s rights is the key to restoring liberty in America. So said Brion McClanahan during a recent podcast episode. This review of The Brion McClanahan Show...

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The Supremacy Clause and the Bill of Rights

Many Americans believe the Bill of Rights apply to state and local governments. Most who hold this position rely on the 14th Amendment and the “incorporation doctrine” to support their position. But...

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Charlottesville: Blame the Incorporation Doctrine

There was plenty of blame and finger-pointing in the aftermath of the Charlottesville protests. One woman died and at least 33 people suffered injuries when right-wing and left-wing groups clashed...

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How Heller Botched the Second Amendment

Ask any gun enthusiast about the basis or origins of our right to keep and bear arms, and many will undoubtedly bring up the landmark case District of Columbia et al. v. Heller, decided by the United...

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Turning the Constitution on its Head

by Kevin R.C. Gutzman With its decision in Nordyke v. King last week, in which the recent Supreme Court Heller decision was applied to state law, the Ninth U.S. Circuit Court of Appeals took another...

View Article

The 2nd Amendment and the States

by Patrick Krey, The New American There are few topics that can divide people who are normally ideological bedfellows like the legal doctrine of the “incorporation” of the Bill of Rights against...

View Article


Image may be NSFW.
Clik here to view.

Phony Originalism

by Kevin R.C. Gutzman, Taki’s Magazine Since the days of Ronald Reagan and Edmund Meese, the Republican Partyâ€s position has been that judges should be bound by the peopleâ€s understanding of a...

View Article

Image may be NSFW.
Clik here to view.

The McDonald Case Was an Originalism Failure

Perhaps the most significant and long-lasting legacy of Donald Trump’s presidency will be his appointments to the United States Supreme Court. Supporters of candidate Trump expressed excitement over...

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Giving Federalism the Middle Finger

The impulse to turn everything into a federal case – even something a personal as an obscene finger gesture – flips the middle finger at the political system the founders created.Whether you agree with...

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The Supreme Court Gets It Wrong Even While Getting It Right

Conservatives are cheering the recent opinion by the United States Supreme Court allowing a cross to remain on public land. But should they be?In 1918, residents of Prince George’s County, Maryland,...

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Supreme Court Simultaneously Tramples State Sovereignty and Fourth Amendment

A case recently decided by the U.S. Supreme Court once again reveals the inherent danger of placing virtually unlimited authority in the federal judiciary and centralizing decision making for 50...

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