Who Decides? James Madison on Interpreting the Constitution
For the “Father of the Constitution,” giving interpretive supremacy to any one branch would destroy the separation of powers. So who decides? Under the Madisonian view – everybody. Path to Liberty, Fast Friday Edition: September 25, 2020...
The “Judicial Supremacy” Myth: Jefferson and Madison Set Things Straight
TAC memberships help us produce more educational tools like this. Members can download this video and read the full transcript here. The Supreme Court isn’t actually “supreme” in the way that most people today think it is. And both Thomas Jefferson and...
The Marbury v Madison Myth
Almost everything in modern “constitutional law” is based on a myth. “A long, long time ago — 1803, if the storyteller is trying to be precise — in the famous case of Marbury v. Madison the Supreme Court of the United States created the doctrine of...