eBook: The 14th Amendment and the Incorporation Doctrine

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by Dave Benner

Today, most Americans rely on the federal courts to sort out controversial and divisive matters, believing that federal judges rise above the inclinations of mere politicians. But in reality, judges are well-connected lawyers, selected through a political appointment process.

This is particularly true of Supreme Court justices.

They generally represent one of two law schools, subscribe to courtly precedents, and believe mostly in federal supremacy. And despite slight differences between them in legal theory, all uphold a uniform belief in a principle known as the “incorporation doctrine” – a creed they claim was established upon ratification of the 14th Amendment.

Gaining a complete grasp on the 14th Amendment is one of the more mind-boggling and complicated aspects of constitutional interpretation. It is also one of the most important, and anybody embarking on a thorough study of history will likely formulate contempt toward the impulses of modern judicial orthodoxy.

eBook: 24 pages
Publisher: Tenth Amendment Center (June 26, 2016)

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