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Lysander Spooner vs the Supreme Court: The Judicial Supremacy Lie

Lysander Spooner vs the Supreme Court: The Judicial Supremacy Lie

by Michael Boldin | Mar 24, 2025 | Audio/Video, Founding Principles, Judiciary, Originalism, Path to Liberty

“An unconstitutional judicial decision is no more binding than an unconstitutional legislative act.” With that one line, Lysander Spooner demolished the dangerous myth of judicial supremacy – the idea that a court’s opinion becomes law simply because judges say...
Ignore the Court? The Real Checks and Balances in the Founders Constitution

Ignore the Court? The Real Checks and Balances in the Founders Constitution

by Michael Boldin | Feb 12, 2025 | Alexander Hamilton, Audio/Video, Constitution, Founding Principles, James Madison, Path to Liberty, Thomas Jefferson

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...
Federal Courts: Warnings from Mason and Jefferson

Federal Courts: Warnings from Mason and Jefferson

by Michael Boldin | Jan 24, 2024 | Audio/Video, George Mason, Judiciary, Path to Liberty, Thomas Jefferson

One of George Mason’s leading objections to ratification was the structure of the federal judiciary. Thomas Jefferson signaled that he liked it at first, but in the years to follow, considered it the leading engine of consolidation, and the destruction of the...
Dangerous Myth: Courts are the “Last Bulwark Against Tyranny”

Dangerous Myth: Courts are the “Last Bulwark Against Tyranny”

by Michael Boldin | Aug 30, 2023 | Audio/Video, Founding Principles, Path to Liberty

Many people hold the false and dangerous view that the federal court system is not only the final say on the meaning of the Constitution – but take it even further – the courts represent the “last bulwark against tyranny.” Path to Liberty: August 30, 2023...
Opinion not Law: Spooner on the Judiciary

Opinion not Law: Spooner on the Judiciary

by Michael Boldin | Apr 24, 2023 | Audio/Video, Judiciary, Path to Liberty

Lysander Spooner, in his 1850 Defence for Fugitive Slaves, took apart the notion that the Constitution means what the courts tell us it means – until they change their minds. Path to Liberty: April 24, 2023...
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