The Supreme Court was not always the powerful institution is it today. The original lack of power was part of the Court’s institutional design. Alexander Hamilton wrote in Federal Paper #78, “…the judiciary is beyond comparison the weakest of the three departments of power; that it can never attack with success either of the other…
Tag: Federalist Papers
The “Right” Stuff
The Constitution as originally drafted excluded certain rights. These rights were were instead later added as amendments to the Constitution in the form of the Bill of Rights. Commentary leading up to the establishment of a Constitution found in the Federalist Papers discusses the importance of amendments and the process by which they might be…
Differences Between “Obama” and “Trump” Judges, While Sometimes Subtle, Can’t Be Denied
Justices of the Supreme Court rarely give public comments on words or actions of members of the elected branches of the federal government. This made the recent spat between Chief Justice John Roberts and President Donald Trump, when the two intrinsically debated the role of partisanship in the federal judiciary, all the more surprising and…