|"It is the incorporation doctrine that prohibits
voters in each state from deciding what their law should be on school prayer,
flag-burning, topless dancing, loitering, panhandling, unreasonable searches,
Miranda warnings, admissibility of evidence, and, at times, the death penalty.
It is the incorporation doctrine that turned views on abortion into a litmus
test for judges. It is the incorporation doctrine that has put the U.S. Supreme
Court at the center of controversy in American politics.
That might be fine, if anyone in the country had ever agreed to it. Instead, this overwhelming change in the structure of government was made by the U.S. Supreme Court alone, while voters and elected officials looked on, helpless to stop it.
Or are they?"
Incorporation of the Bill of Rights
into the Fourteenth Amendment,
Why It's a Problem,
and How to Fix It