Unprecedented Judicial Power: Antifederalist Brutus No. 11
In his 11th essay, Brutus begins his examination of the federal judiciary – and he’s not happy with it at all. Concerns include indefinite legal terms, the nature of power, and precedent – all enabling the courts to “mould the government into almost any...
Infinite and Incomprehensible: Antifederalist Brutus No. 5
Rather than a general government with few and defined powers, in his 5th essay, Antifederalist Brutus warned that a combination of taxing power and the necessary and proper clause would lead to a government with nearly infinite and incomprehensible power. Path to...