The States vs Domestic Tranquility - Brutus XII
In Brutus XII the anonymous Anti-Federalist author (probably Robert Yates) elaborates on his concerns regarding the Supreme Court’s allotment in the US Constitution.
Brutus XII
February 7, 1788
In Brutus XII the anonymous Anti-Federalist author (probably Robert Yates) elaborates on his concerns regarding the Supreme Court’s allotment in the US Constitution.
This article attempts to describe exactly HOW the Supreme Court will take control of the Government.
Compared to the earlier Essays of Brutus, this one rambles a bit and is difficult to follow but can be summed up pretty easily.
The Spirit of the Constitution
Brutus writes that he is worried about the Justices’ ability to determine the ‘spirit of the Constitution.’
He believes that as the Supreme Court rules on law passed by Congress, Congress will learn to play by those rules.
In this situation, Congress would make laws based on what they expect from the Supreme Court, giving the Court an unspoken authority over Congress and taking away that branch’s independence.
The States in the Way
Brutus then goes into the ‘spirit’ of the Federal Government by diving into the Constitution’s preamble.
Interestingly, he notes that to “form a perfect union” the nation would need to eliminate the States all together. Having lower bodies of government making different decisions is by definition imperfect.
Brutus completes his thoughts by saying ‘domestic tranquility’ will also have to eliminate the States for the same reasons.
This series is only part of my regular publications, so…
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Here is a link to the earlier Essays of Brutus I have covered:
