Judiciary | Tenth Amendment Center

Constitution 101: The Judiciary and Judicial Review

by Mike Maharrey | Feb 9, 2018 | Constitution, Judiciary

The federal judiciary has arguably become the most powerful branch of the general government. Opinions issued by nine politically connected lawyers have redefined marriage throughout the entire United States, authorized the internment of American citizens and dictated...

Judicial “Discretion” in 1787

by Tenth Amendment | May 2, 2015 | John Marshall, Judiciary

EDITOR’S NOTE: The following is an excerpt of Raoul Berger’s book (chapter 16) Government by Judiciary: The Transformation of the Fourteenth Amendment, Foreword by Forrest McDonald (2nd ed.) (Indianapolis: Liberty Fund, 1997). A common historicist...

Jefferson’s Judicial Blunders

by Tenth Amendment | Oct 19, 2010 | Featured, Founding Fathers

by H.A. Scott Trask, Mises.org [This article was excerpted from chapter 3 of Reassessing the Presidency, edited by John V. Denson.] When Jefferson ran for president in 1800, he made it clear that he supported strict construction, original intent jurisprudence,...

The Supreme Court Scare

by Tenth Amendment | Aug 24, 2009 | Founding Principles, Judiciary

by Timothy Baldwin, Esq. From Chuck Baldwin: Note: My son, Tim, writes today’s column. He is an attorney who received his Juris Doctor degree from Cumberland School of Law in Birmingham, Alabama. He is a former prosecutor for the Florida State Attorney’s...

John Marshall Vs Thomas Jefferson on Constitutional Interpretation

by Tenth Amendment | May 2, 2009 | Constitution, Featured, Founding Principles

by Gennady Stolyarov II In Marbury v. Madison (1804), John Marshall argues that the Supreme Court ought to have the authority to determine the constitutionality of laws which come before the court. Since the judges must apply the laws to particular cases, they must...

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Constitution 101: The Judiciary and Judicial Review

Judicial “Discretion” in 1787

Jefferson’s Judicial Blunders

The Supreme Court Scare

John Marshall Vs Thomas Jefferson on Constitutional Interpretation

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