Tag

John Marshall

McCulloch v. Maryland Blog

McCulloch v. Maryland

Editor's Note: This essay was written by Spencer Roane under the pseudonym Amphictyon in 1819. I. To the Editor of the Enquirer : SIR: I have read with considerable attention the opinion pronounced by the Chief Justice of the U. S. in the case of McCulloch against the State of Maryland. In that opinion we are informed, First, That it…
Abbeville Institute
August 29, 2022
The Confederate Constitution Blog

The Confederate Constitution

From the 2003 Abbeville Institute Summer School I come from a somewhat different mold and my thought processes on these issues have changed a bit over the last couple of years. I have written on American jurisprudence and I have detected what I would deem to be ominous trends in American case law, and also in international law. I also…
Marshall DeRosa
June 6, 2022
Spencer Roane: The Forgotten Founder Review Posts

Spencer Roane: The Forgotten Founder

A review of Irreconcilable Founders: Spencer Roane, John Marshall, and the Nature of America's Constitutional Republic (LSU Press, 2021) by David Johnson Of all the leading Jeffersonians of the early Republic—Jefferson, Madison, John Randolph of Roanoke, and John Taylor of Caroline—Spencer Roane is arguably the most obscure. This obscurity is lamentable because while Jefferson and Madison built and led their party,…
Aaron N. Coleman
September 30, 2021
Judicial Review? No. Nullification Blog

Judicial Review? No. Nullification

“Acts of congress, to be binding, must be made pursuant to the constitution; otherwise they are not laws, but a mere nullity.” -St. George Tucker “There is no danger I apprehend so much as the consolidation of our government by the noiseless, and therefore unalarming instrumentality of the Supreme Court.” -Thomas Jefferson As a pro-life Jeffersonian, I am constantly frustrated…
Earl Starbuck
February 22, 2021
When Yankees Pack the Court Blog

When Yankees Pack the Court

The 2020 presidential election took a decided turn as it moved into the final six weeks when Supreme Court Justice Ruth Bader Ginsburg, a liberal icon, passed away, opening up a seat that would, if filled by a conservative, shift the ideological balance of the High Court, and bringing the issue to the forefront of what is already a raucous…
Ryan Walters
October 9, 2020
Judge Story’s Position On The So-Called General Welfare Clause Review Posts

Judge Story’s Position On The So-Called General Welfare Clause

This speech was delivered before the annual meeting of the Georgia Bar Association at Tybee Island on June 2, 3, and 4, 1927. Mr. PRESIDENT and gentlemen of the Geor­gia Bar Association: I make no apology for presenting to you today as the subject of my address a technical and abstruse question, be cause it involves the foundation stone of our form…
Henry St. George Tucker III
June 12, 2015
Luther Martin Revisited Blog

Luther Martin Revisited

As a delegate to the Constitutional Convention and as an eminent lawyer and statesman, Martin defended state sovereignty and the diffusion of political authority. He is usually identified as an Antifederalist. Martin was responsible for proposing several key components of the new government at the Convention, including the Electoral College, as well as earning a lasting reputation as a trial…
H. Lee Cheek, Jr.
February 20, 2015