“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.”
Supporters of efforts to restrict no-knock raids by police have cheered legislation claiming to do of late. Unfortunately, many of the purported reforms passed by state legislatures over the last few years won’t change anything in practice or effect. When...
In the next few weeks, the Supreme Court will be finishing up its October Term. The term gets its name from the fact that it begins Oct. 1. The next few columns will unpack some of the court’s most important decisions. I will be focusing mostly (although not entirely)...
While many anti-federalists, including Patrick Henry, regarded the judicial branch of the federal government under the proposed U.S. Constitution with deep suspicion, the Federal Farmer took a more moderate, albeit guarded stance. In his fifteenth letter dated Jan....
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...
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...