May state legislative applications limit an Article V convention? Subject, yes; specific language, probably not
- September 12, 2013
judicial review
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Did the Founders expect the Courts to Declare Laws Unconstitutional?0
- April 15, 2012
Every so often I’m asked whether the Founders anticipated judicial review. In other words, whether the Founders expected the courts to void laws they found unconstitutional. The clear answer is “yes.” During the colonial era, each colony was governed by its charter, which was a kind of constitution for the colony. Colonial laws in violation
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The greatly misunderstood Chief Justice John Marshall0
- July 16, 2011
One of the most enduring myths in American constitutional history is that Chief Justice John Marshall was a judicial activist whose decisions are good precedent for the modern federal monster state. Marshall was the fourth chief justice of the U.S. Supreme Court (third, if you don’t count John Rutledge, a recess appointment who was never
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