Federalist #42: The Powers Conferred by the Constitution Further Considered”

Federalist No. 42 is an essay by James Madison, and the forty-second of The Federalist Papers. It was published on January 22, 1788 under the pseudonym Publius, the name under which all The Federalist Papers were published. Federalist No. 42 continues a theme that was started in Federalist No. 41. Here, Madison contends that the grant…

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A Check on Federal Power: “Superior to All Parchment Checks that can be Invented”

While James Madison wrote the most specific and complete set of instructions on how to stop the federal government without going to the federal government, he was far from the only founder to talk about states as a check on federal power. A little-known Founder from Massachusetts made the case, just like James Madison did,…

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The Myth of Marbury v Madison

The common understanding of the famous Marbury v. Madison case is that it established the authority of the Supreme Court to determine what the Constitution says. From there, it’s held that the Court gets to determine the limitations placed on the federal government as well as the states. In short, the rest of the federal government, and the states, are bound by what the Supreme Court decides.

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