The Psychological Origins of a Constitutional Revolution: The Supreme Court, Birth Order, and Nationalizing the Bill of Rights

One of the most significant changes in American law was the application of the Bill of Rights to the states. Some members of the U.S. Supreme Court enthusiastically supported the doctrine of incorporation, while others actively opposed it. Why? Evolutionary psychology posits that birth order can explain support for radical change; older siblings identify with authority and resist changes in the rules, while laterborns defy authority and are willing to alter the status quo. Applying the birth order hypothesis to the Court, the author finds that the incorporation revolution was led by laterborns, even after taking account of justices' political preferences.