Patrick Henry: Jury Trials Are the “Last and Best Privilege”
During the Virginia ratifying convention on June 20, 1789, Patrick Henry warned that the power bestowed to the Supreme Court would undermine the right to trial by jury. Henry was a strong opponent of ratification throughout the convention. He was deeply wary of the...
Today in History: Judiciary Act of 1789 Signed into Law
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...
Necessary Does not Mean Useful or Convenient
One of the most famous and important Supreme Court opinions is from the 1819 McCulloch v. Maryland case. It set the stage for massive expansion of federal power by incorrectly defining the Constitutional meaning of the word “necessary.” In its majority opinion, SCOTUS...