Home › Forums › Discuss U.S. History to 1877 › Federalism, the Bill of Rights and SCOTUS
If we know the Bill of Rights only applies to the federal government and if we followed the Founder’s design of federalism and ignored the phony “incorporation doctrine,” should these state cases be heard by SCOTUS or any other federal court?
It’s a federal question whether the 6th Amendment right is enforceable against a state. For purposes of saying “no,” then, the case should be heard by a federal court.
Note, too, that in case this were a matter involving federal officials, I think the fellows should be able to question the actual technicians under oath.
Thank you sir.