Scalia was no “originalist” in the technical sense. This can be determined categorically due to his adherence to the incorporation doctrine, the mythical notion that the Fourteenth Amendment incorporated the first Eight Amendments as limitations against the state governments.
Category Archives: Judiciary
Iredell passed away in 1799, long before the federal judiciary siphoned immense power from the states and adopted the confounding proclivities of the John Marshall Court. For his part, Iredell had nothing to do with this alarming transition – he defended the Constitution as it was accepted by the states, not as it was molded by the energetic masterminds of the Federalist Party.