In Part One, I discussed the importance of “who decides” what is constitutional, and what is not. Conventional wisdom says that the Supreme Court has long been recognized to have that power. If you haven’t read part one, follow this link to read it here.
Now I will give my reasons for why that power does NOT reside solely with the Court created by the Constitution.
Let us begin with the preamble to the Bill Of Rights which begins;
“THE Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added”[Emphasis added]
This suggests that there was concern about a central government abusing its powers from a number of states. In fact many people have heard of the “Federalist Papers” which were a series of essays written to sell the public on the idea of ratifying the constitution. Many of the Articles were written to answer specific criticisms of the Constitution, such as those raised by Robert Yates and others dubiously named “Anti Federalists”. Gary Galles from the Mises Institute wrote an article on the Anti-Federalist Papers where he writes; Continue Reading →