Americans often describe their rights in terms of numbers derived from amendments in the federal Bill of Rights, an unambiguous set of limitations on government. Despite this tendency, most do not realize that such amendments were never designed to inhibit local authorities. Nevertheless, during the Progressive Era the federal courts began to claim that the 14th Amendment had “incorporated” federal Bill of Rights restrictions against the state governments. Ever since, this outlook has provided the basis upon which the federal judiciary overturns state laws deemed to be unsavory. As David Benner reveals in The 14th Amendment and the Incorporation Doctrine, no such function was originally envisioned by the amendment. Demonstrating the subject’s far-reaching ramifications, he illustrates how the embrace of incorporation has severely eroded the Constitution’s original intent. Without constitutional sanction, this fallacious doctrine has given the federal courts an excuse to meddle with the internal affairs of the states. Virtually ignored in modern legal studies, the incorporation doctrine is now considered a settled matter of American jurisprudence. Despite the lack of attention to the topic, Benner argues that there is no legal precept that has done more to transform the power of the federal judiciary into a superlative force.
"synopsis" may belong to another edition of this title.
David Benner speaks regularly in Minnesota on topics related to the United States Constitution, founding principles, and United States history. He contributes articles to The Tenth Amendment Center, Abbeville Institute, and several local publications. He is also the author of Compact of the Republic: The League of States and the Constitution, which throws a wrench into the wheel of contemporary legal thought by depicting the Constitution as a compact between the several states.
"About this title" may belong to another edition of this title.
Shipping:
FREE
Within U.S.A.
Shipping:
FREE
Within U.S.A.
Seller: GF Books, Inc., Hawthorne, CA, U.S.A.
Condition: Very Good. Book is in Used-VeryGood condition. Pages and cover are clean and intact. Used items may not include supplementary materials such as CDs or access codes. May show signs of minor shelf wear and contain very limited notes and highlighting. 0.18. Seller Inventory # 0578189720-2-3
Quantity: 1 available
Seller: Book Deals, Tucson, AZ, U.S.A.
Condition: Very Good. Very Good condition. Shows only minor signs of wear, and very minimal markings inside (if any). 0.18. Seller Inventory # 353-0578189720-vrg
Quantity: 1 available
Seller: Book Deals, Tucson, AZ, U.S.A.
Condition: Fine. Like New condition. Great condition, but not exactly fully crisp. The book may have been opened and read, but there are no defects to the book, jacket or pages. 0.18. Seller Inventory # 353-0578189720-lkn
Quantity: 1 available
Seller: Book Deals, Tucson, AZ, U.S.A.
Condition: Good. Good condition. This is the average used book, that has all pages or leaves present, but may include writing. Book may be ex-library with stamps and stickers. 0.18. Seller Inventory # 353-0578189720-gdd
Quantity: 1 available
Seller: Books Unplugged, Amherst, NY, U.S.A.
Condition: Fair. Buy with confidence! Book is in acceptable condition with wear to the pages, binding, and some marks within 0.18. Seller Inventory # bk0578189720xvz189zvxacp
Quantity: 1 available
Seller: Book Deals, Tucson, AZ, U.S.A.
Condition: New. New! This book is in the same immaculate condition as when it was published 0.18. Seller Inventory # 353-0578189720-new
Quantity: 1 available
Seller: Books Unplugged, Amherst, NY, U.S.A.
Condition: New. Buy with confidence! Book is in new, never-used condition 0.18. Seller Inventory # bk0578189720xvz189zvxnew
Quantity: 1 available
Seller: GreatBookPrices, Columbia, MD, U.S.A.
Condition: New. Seller Inventory # 29080394-n
Quantity: 5 available
Seller: Save With Sam, North Miami, FL, U.S.A.
Paperback. Condition: New. Brand New! This item is printed on demand. Seller Inventory # 0578189720
Quantity: 20 available
Seller: GreatBookPrices, Columbia, MD, U.S.A.
Condition: As New. Unread book in perfect condition. Seller Inventory # 29080394
Quantity: 5 available