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Federalism, the Incorporation Doctrine, and the European Union

Lee J. Strang provides an overview of the U.S. Supreme Court’s process of incorporating the Bill of Rights against the states. Strang contends that this process has come with considerable costs to federalism. He suggests that this experience should give pause to the European Union as it considers the extent to which it will apply the Charter of Fundamental Rights to its member nations. Read more here.