Monday, April 18, 2005

What the Supreme Court shouldn't have to do

You may never have heard of the Incorporation Doctrine, but here's another example of how it has increased the federal government's power at the expense of the states, contradicting the Tenth Amendment.

Today the Court decided to decide if police in Georgia had the power to search a house when one occupant gave them permission and the other refused permission.

The question isn't what the decision ought to be, but who should decide.

It was the intent of the framers of the Constitution -- and also the intent of the framers of the Fourteenth Amendment -- that decisions on matters such as these would be made by the people of each state, in accordance with the provisions of their state constitutions.

The Fourth Amendment and the rest of the Bill of Rights were plainly understood to apply to the federal government, not the state governments.

I know, I didn't believe it either. Read it for yourself in the appendix to The 37th Amendment.

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