The Responsiveness of the Courts
The Nullification Crisis had an impact on the jurisprudence of American law, changing the interaction of the federal government with the states.
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Courts
Constitution Sunday: Reply to Wilson’s Speech: “Centinel” [Samuel Bryan] II
Reply to Wilson’s Speech: “Centinel” [Samuel Bryan] II Freeman’s Journal (Philadelphia), October 24, 1787 Following are excerpts from Samuel Bryan’s article, published in response to James Wilson’s speech: “Friends, countrymen, and fellow-citizens, As long as the liberty of the press
MoreA Conscientious Path of Moderation
The Constitution, in combination with the Judiciary Act of 1789, created the three-tiered court system that is familiar to modern Americans. However, one of the defining features of the judiciary is the concept of judicial review. Judicial review is the doctrine that permits a court, such as the Supreme Court in Marbury v. Madison, to declare […]
MoreThe Assertive Judiciary
In the early years of the Republic, there was an itching for reformation of the systems and processes that had come to define colonial life. This reformation began with “enactment of an increasing number of laws.” Gordon Wood, Empire of Liberty, 405. Thomas Jefferson and James Madison led this movement of reformation. While they and […]
MoreA Most Flawed Inheritance
Prior to the Revolution, the colonists relied on a court system with royally appointed judges that served indefinitely “during good behavior,” which ultimately meant that judges would hold office so long as the crown was pleased with them. Gordon Wood, Empire of Liberty, 400. This led to the colonists ultimately associating the judiciary with the “resented […]
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