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The Supreme Court’s New Decision on “Taking Property”

The Supreme Court’s New Decision on “Taking Property”

by Rob Natelson | Jun 15, 2023 | 5th Amendment, Court Cases, Incorporation Doctrine

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)...
The Supreme Court’s New Decision on “Taking Property”

Federal Farmer: Will the Judiciary Preserve or Destroy Liberty?

by TJ Martinell | Feb 27, 2023 | AntiFederalists, Federal Farmer, Judiciary, Ratification Debates

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....
Patrick Henry: Jury Trials Are the “Last and Best Privilege”

Patrick Henry: Jury Trials Are the “Last and Best Privilege”

by TJ Martinell | Oct 6, 2022 | AntiFederalists, Constitution, Patrick Henry, Ratification Debates, Trial by Jury

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

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...
Necessary Does not Mean Useful or Convenient

Necessary Does not Mean Useful or Convenient

by TJ Martinell | Sep 21, 2022 | Constitution, Necessary and Proper Clause

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...
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