Dustin Arand
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.

--

--

Dustin Arand
Dustin Arand

Written by Dustin Arand

Lawyer turned stay-at-home dad. I write about philosophy, culture, and law. Author of the book “Truth Evolves”. Top writer in History, Culture, and Politics.

Responses (1)