Jul 29, 2023
“But because states have not been handicapped by the U.S. Constitution as the Federal Government has, transferring power from national to state-level is increasing the total amount of government power. This raises the possibility of government infringement.”
This is a good point. Re: the incorporation doctrine, some people disagree that the Due Process clause requires incorporation, but do think that the Privileges and Immunities clause achieves the same effect. I have some sympathy for this view.