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Federal Farmer: An “Unnecessary Departure” From Federalism

Federal Farmer: An “Unnecessary Departure” From Federalism

by TJ Martinell | Mar 27, 2023 | AntiFederalists, Federal Farmer, Federalism, Ratification

At the heart of the debate over the proposed U.S. Constitution was whether it would preserve or undermine individual freedom and state sovereignty. In his 18th and final letter dated Jan. 25, 1788, the Federal Farmer concluded that ratifying the Constitution without...
Today in History: Judiciary Act of 1789 Signed into Law

Today in History: Judiciary Act of 1789 Signed into Law

by Mike Maharrey | Sep 24, 2022 | History, Judiciary

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 power to the Supreme Court and empowered Congress to “ordain and...
The Power to Protect Is the Power to Control

The Power to Protect Is the Power to Control

by Mike Maharrey | Jan 11, 2022 | Incorporation Doctrine

Most people think the federal government should “guarantee” their rights. In other words, they think the U.S. government should police state and local governments to ensure that they don’t violate their rights. Practically speaking, the federal government does this...
Record Shows Supreme Court Overwhelmingly Protects Federal Power

Record Shows Supreme Court Overwhelmingly Protects Federal Power

by TJ Martinell | Dec 22, 2021 | Court Cases, Judiciary

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 that way. While some justices and Supreme Court opinions have restricted federal power over the...
The Constitution: A Fixed Point of Reference

The Constitution: A Fixed Point of Reference

by Mike Maharrey | Nov 28, 2021 | Constitution, Federal Power, Thomas Jefferson

Land surveying depends on fixed reference points. In the U.S., you will often find these points marked by cast metal disks embedded in rock, or placed on concrete pillars or pipes driven into the ground. They are intended to be permanent. Disturbing survey marks is...
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