Incorporation Doctrine

The "incorporation" doctrine -- mandating that the first ten amendments of the United States Constitution (known as the Bill of Rights) are applicable to the states through the Due Process clause of the Fourteenth Amendment -- is a huge mistake. In effect, this doctrine destroys federalism and the Bill of Rights itself, handing over vast control of the entire country to the dictates and whims of a capricious and ungovernable Supreme Court.

Disregarding the hypocrisy of the federal government's judiciary -- which violates the Bill of Rights at nearly every turn -- it was never the framers' intention to proscribe states' rights except with regard to the 18 or so articulated, necessary "privileges" granted to the federal government by the Constitution. With the Bill of Rights, the framers intended to PREVENT the federal government from ever dictating to the states (or the people) in matters of expression, religion, gun control and ownership, even slavery.

At the time of the Constitution's signing, "free and independent" States could punish their citizens for blasphemy; mandate membership in and financial support for a particular religious sect; require that every man own, possess, and muster a "military-grade" firearm; and, of course, allow -- even promote -- the practice of slavery.

NONE of this was deemed "unconstitutional."

The 4th amendment guaranteed that "birds of a feather" could "flock together" and do as they damn well pleased -- unhindered by federal oversight or restriction -- even if that pleasure involved enslaving and subjugating other human beings. (It took several subsequent constitutional amendments -- including a deadly civil war -- to right that wrong.)

But it is a mistake to say that the same limitations imposed on the federal government ought to apply to the states as well.  If States cannot dictate in matters of law and morality, expression, religion, gun ownership, and so forth, in what way are they "free and independent" to do as The People desire?

If The People of a given State, by popular vote, wish to outlaw or legalize marijuana, gambling and prostitution, proscribe or prescribe gay marriage, punish or promote abortion, condone or condemn racially segregated dormitories, classrooms, and "affirmative action" ... how may they do so if they must breathlessly await and comply with the "final say" of a pretentiously assertive, ever meddling, highly politicized and morally dubious Supreme Court? How, then, is federalism exercised if every state must be and do the same?

If, let's say, I don't like the current leftist regime of California (and I don't), I can vote with my feet (as I have!) and move to another state governed by a people more "attuned" to my personal values and predilections. (Hello, Florida!)

"Utopia" (or heaven), by necessity, REQUIRES exercising discrimination against (or conversion of) the lawless, indigent, lazy and misguided; schemers, scammers, liars and perverts; the filthy and degenerate. It REQUIRES freedom OF association ... and freedom FROM association. It REQUIRES the freedom to practice one's religion... and to exclude those who don't.

We, The People, CANNOT be "diverse" AND "equal."

To be "free and independent" means everyone is safe ... because everyone is armed.

In Utopia (or heaven) no one is "free" to exercise unwanted, unreciprocated power or influence over another.

The current lack of federalism in this country is, itself, a form of tyranny. Government of, by, and for The People cannot exist if we are not able to govern ourselves.