Brutus
Did the Constitution Establish Judicial Supremacy?
This is the fourth article in a series on “The Struggle for Ratification: Advocates and Opponents Debate Judicial Review.” You can read Part 1 HERE, Part 2 HERE, and Part 3 HERE. In Federalist #78 and Federalist #81, Alexander Hamilton sought to provide a...
Hamilton’s Response: Judicial Review Affirmed?
This is the third article in a series on “The Struggle for Ratification: Advocates and Opponents Debate Judicial Review.” You can read Part 1 HERE and Part 2 HERE. With reference to Federalist No. 78, it is important to note that it presents an answer to...
The Federal Judiciary: Independence Without Accountability?
This is the second article in a series on “The Struggle for Ratification: Advocates and Opponents Debate Judicial Review.” You can read Part 1 HERE. Beyond assessing the impact of judicial review on the states, Brutus proceeded to analyze its effect on the...
The Struggle for Ratification: Advocates and Opponents Debate Judicial Review (Part 1)
One of the most striking and unique and hotly debated aspects of the American system of government is judicial review. Where precisely does this doctrine arise from? Technically, from Article III, § 2, Clause 1: The Judicial power shall extend to all cases in Law and...