4 ms·

It seems like you’re being downvoted and disagreed with but I was under the impression the process you are talking about was known as incorporation and was rath

• skissane 2y ago
  Yes, but what I'm saying is the "incorporation" was invented by the Supreme Court, almost out of thin air. A consistent originalist would reject the doctrine entirely. Okay, they read it out of the intentionally vague language of the 14th Amendment. But nobody who voted for the 14th thought that it meant that. Everyone who voted for the 14th actually knew what it meant at the time – it was a narrow measure to stop Democrats from taking away the civil rights of newly freed slaves. It was written in a vague and ambiguous way as a political fudge to make it easier for legislators to vote for it, given many of their (racist/pro-confederate) constituents opposed it. It was not written with the intention that it would be read as carte blanche imposing the near whole of the Bill of Rights on the states, which is essentially what incorporation amounts to.