Federal Farmer: Will the Judiciary Preserve or Destroy Liberty?
By: TJ Martinell While many anti-federalists, including Patrick Henry, regarded the judicial branch of the federal government under the proposed U.S. Constitution with deep suspicion, the Federal Farmer took a more ...
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Judiciary Act of 1789 Signed into Law
By: Mike Maharrey On this date in 1789, George Washington signed the Judiciary Act into law. This was arguably the first federal exercise of unconstitutional power. Article III of the Constitution delegated judicial ...
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Constitutional Supremacy, Not Judicial Supremacy
By: TJ Martinell In response to a U.S. Supreme Court opinion, President Andrew Jackson allegedly remarked “John Marshall has made his decision; now let him enforce it!” Whether he actually said ...
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How the Supreme Court Rewrote the Constitution Part VII: Concentration Camps and the End
By: Rob Natelson This is the last installment in a series on the nadir, or low point, of the U.S. Supreme Court. This was the period from 1937 to 1944, when ...
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How the Supreme Court Rewrote the Constitution Part VI: Crushing Civil Liberties
By: Rob Natelson The first, second, third, fourth and fifth installments in this series traced how the Supreme Court responded to President Franklin D. Roosevelt’s efforts to break constitutional limits and create a powerful federal government. After trying ...
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How the Supreme Court Rewrote the Constitution Part V: Killing Economic Freedom
By: Rob Natelson The first, second, third, and fourth installments in this series described how the Constitution established a relatively small federal government with limited powers and how President Franklin D. Roosevelt’s New Deal challenged that ...
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Record Shows Supreme Court Overwhelmingly Protects Federal Power
By: TJ Martinell One of the most prevalent political strategies is to sue and hope federal courts rein in unconstitutional federal overreach. But evidence shows it almost never turns out ...
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Federal Judges Protect and Defend Precedent
A nominee for a seat on a U.S. Court of Appeals revealed exactly why we can’t count on federal judges to “protect and defend” the Constitution. Their commitment is to ...
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The Police State’s Reign of Terror Continues, With Help from the Supreme Court
You think you’ve got rights? Think again. All of those freedoms we cherish—the ones enshrined in the Constitution, the ones that affirm our right to free speech and assembly, due ...
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The Supreme Court Issues Opinions, not Law
By: Michael Boldin - Tenth Amendment Center “Legislating from the bench” has become a common phrase, a common complaint – and a common practice. But it was never intended to ...
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