Constitution Essentials: The 14th Amendment and the “Incorporation Doctrine”

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 judiciary instead of government by representation.

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Five Points on the 14th Amendment and the Incorporation Doctrine

the 14th Amendment did not overturn or override the implicit principle, or the explicit verbiage codified in the 10th Amendment, that all powers that the states did not delegate to the federal government were reserved to the states or the people.

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Podcast: The Incorporation Doctrine and the 14th Amendment

In this episode of Thoughts from Maharrey Head,  I explain the incorporation doctrine and the original intent of the 14th Amendment. More than five decades after the ratification the 14th Amendment, the Supreme Court suddenly pulled an entirely new doctrine from it – virtually out of thin air. The court held that 14th Amendment applies…

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Podcast: The Original Application of the Bill of Rights

In this episode of Thoughts from Maharrey Head, I explain the original application of the Bill of Rights, why it matters and why the liberty centralizers are wrong. A lot of people who say they believe in “limited government” turn around and favor the federal government “enforcing” liberty on the states. While this approach can…

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Necessary and Proper Clause in an Establishment Clause case

I’m pleased to report that this past week the brilliant Justice Clarence Thomas cited my work on the Necessary and Proper Clause in his concurring opinion in Town of Greece v. Galloway, an Establishment Clause case that received wide publicity. This was the thirteenth citation in the third Supreme Court case in the past 11 months.…

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