The Constitution is supreme – not acts of Congress, not a president’s views, and not court opinions. The Framers repeatedly affirmed this. So, who decides when the Constitution is violated? For the Founders, the answer was everyone. And that’s the key to what we’re covering in this episode – how real checks and balances were designed to work.
Path to Liberty: February 12, 2025
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Lysander Spooner – A Defence for Fugitive Slaves (1850)
Thomas Jefferson – Letter to William H. Torrance (11 June 1815)
Thomas Jefferson – Letter to William Charles Jarvis (28 Sept 1820)
Constitution – Article VI Clause 2
The Constitution: An Introduction
TenthAmendment on X – Oath to the Constitution
Alexander Hamilton – Federalist 33 (3 Jan 1788)
James Madison – Report of 1800 (7 Jan 1800)
James Madison – Federalist 49 (5 Feb 1788)
Michael Stokes Paulsen – The President and the Myth of Judicial Supremacy
Alexander Hamilton – Federalist 78 (28 May 1788)
Alexander Hamilton – Federalist 81 (28 May 1788)
Carson Holloway – Against Judicial Supremacy: The Founders and the Limits on the Courts
John Jay – Minutes of the Circuit Court for the District of New York (5 Apr 1792)
Thomas Jefferson – Letter to Spencer Roane (6 Sept 1819)
Thomas Jefferson – Letter to Abigail Adams (11 Sept 1804)
Thomas Jefferson – Kentucky Resolution (10 Nov 1798)
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