The Court Says "No" to Incorporation Rebound: Virginia v. Moore

Morris B. Hoffman, District Judge

Abstract

Abstract: “In this article, Judge Hoffman analyzes the history of incorporation and of the common law arrest authority, in an attempt to demonstrate that the actual manner in which incorporated rights have been thrust upon the states remains a controversial and difficult topic. The Court’s opinion last Term in Virginia v. Moore teaches us that it remains unwilling to re-examine incorporation’s federal hegemony, and in fact that it is so unwilling to re-open the wounds of incorporation that it will instead tolerate serious integrative problems when the Bill of Rights clashes with state common law that pre-dates the constitutional settlement.”