“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
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...
EDITOR’S NOTE: It is the thesis of Raoul Berger’s monumentally argued book, Government by Judiciary, that the United States Supreme Court – largely through abuses of the Fourteenth Amendment to the Constitution – has embarked on “a continuing...
One of the most enduring myths in American constitutional history is that Chief Justice John Marshall was a judicial activist whose decisions are good precedent for the modern federal monster state. Marshall was the fourth chief justice of the U.S. Supreme Court...
