Anti-Federalist Paper Series-Ep. 12: The Role of the Judiciary: Brutus XV and Federalist 78
Constitutional Chats Presented By Constituting America · Constituting America
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Show Notes
The Supreme Court was controversial when it was first proposed. In Brutus XV, Robert Yates argues the problem with the Supreme Court is that it will be too powerful because they can interpret the Constitution and their decisions cannot be overturned. In a direct response in Federalist 78, Hamilton argued the Supreme Court and federal courts would not be the most powerful branch but the least dangerous because they cannot make laws, cannot tax and cannot enforce the law. Hamilton argued court power of judicial review is limited and not meant to give the court supremacy over the other branches but to protect its own independence. What do you think? Has the Supreme Court become too powerful and does Brutus offer insight into what the Supreme Court has become? Join our panel and Dr. Jeffrey Sikkenga, Executive Director of the Ashbrook Center, for this enlightening discussion.