"An Assembly of Demigods"
Alexander Hamilton, delegate from New York, had long advocated for a stronger national government—in fact, he wrote under this pseudonym all the way back in 1781, suggesting that Congress should have more expansive powers to regulate trade and to levy taxes.
What is The Continentalist?
These three sections of the Constitution list the powers of Congress, limitations on Congress's powers, and limitations on the states, respectively.
What are Article I, sections 8, 9, and 10?
This prominent Virginian declined an invitation to the Constitutional Convention, but was an ardent opponent of the Constitution in his state's ratifying convention.
Who is Patrick Henry?
Does Congress have the power to establish a national bank? Chief Justice John Marshall explains that it does in this 1819 case.
What is McCullough v. Maryland?
This amendment to the Constitution provides that states may not deprive people of equal protection of the law, or of life, liberty, or property without due process. It also defines citizenship.
This Virginian delegate, who never accepted the Constitution (even after it was ratified), was notable for writing the Virginia Declaration of Rights in 1776.
Who is George Mason?
This article of the Constitution was not "supreme-ly" innovative over the Articles of Confederation. Indeed, the latter provided that they would be "inviolably observed by every state." Ask Madison how well that worked out!
What is Article VI?
In this part of the Federalist Papers, James Madison suggests that a large, extended republic is the best way to mitigate the effects of factions.
What is Federalist 10?
In the 2012 case NFIB v. Sebelius, Chief Justice Roberts held that Congress had the power to pass Obamacare's "individual mandate" under the Taxing Clause of Article I, section 8, but that it did not have the power to do so under this clause in the same section.
What is the Commerce Clause?
This former justice (known for his spicy dissents) once suggested that the Bill of Rights is not what is important about the Constitution—that instead the provisions establishing a separation of powers, and checks and balances, best protect our rights.
Roger Sherman, a cobbler from Connecticut, was famous for negotiating this [TRUMP VOICE] "tremendous" agreement about representation at the Convention.
What is the "Great Compromise?"
(Or "Connecticut Compromise.")
These two portions of the Constitution tell us that Congress has enumerated powers. The first, a section of Article I, limits Congress's powers to those "herein granted." The second, an amendment, reserves the powers not granted to the states or to the people.
What are Article I, section 1 and the Tenth Amendment?
Once thought to be the author of the Brutus papers, this New York antifederalist initially attended the Constitutional Convention, taking diligent notes while he was there. Unfortunately for historians, he left the Convention with fellow New York delegate John Lansing after only a short while.
Who is Robert Yates?
In this recent case, decided just last month, the Supreme Court issued a per curiam opinion overturning some of New York's coronavirus restrictions as a violation of the Free Exercise Clause.
What is Roman Catholic Diocese of Brooklyn v. Cuomo?
This recently-deceased historian from MIT wrote an entire book on the ratification of the Constitution. Its title? Ratification.
Who is Pauline Meier?
James Madison, delegate from Virginia, was disappointed when the other delegates settled on an upper house with equal representation, whose members were to be chosen by the state legislatures. His original plan, in addition to apportioning the upper house according to the populations of the states, would have elected its members using this method.
What is by the members of the lower house?
Schoolhouse Rock ripped off this section of the Constitution when they wrote the song "I'm Just a Bill," describing how a bill becomes a law.
What is Article I, section 7?
This bombastic (and pseudonymous) antifederalist author from Pennsylvania portrayed the Framers at the Convention as "artful and designing men," describing the Constitution as "the most daring attempt to establish a despotic aristocracy among freemen, that the world has ever witnessed." He even ended his first essay with a quote from the Shakespeare play Julius Caesar.
Who is Centinel?
In the 1803 case Marbury v. Madison, Chief Justice Marshall decided that the Supreme Court had the power of judicial review based on two parts of the Constitution. One of these is the Supremacy Clause. The other is this section in Article III, which charges federal courts with deciding certain "Cases" and "Controversies."
What is Article III, section 2?
This concept, advocated by British parliamentarian Edmund Burke, and described by American historian Gordon Wood, suggests that voters "represent" the interests of nonvoters when they cast their ballots.
What is "virtual representation?"
This Massachusetts delegate, whose name has entered the modern political lexicon to describe the redistricting process, was concerned about Congress's power to raise a standing army.
Who is Elbridge Gerry?
No "Corruption of Blood" allowed! This section of the Constitution defines and limits the crime of treason.
What is Article III, section 3?
In this part of the Federalist Papers, Alexander Hamilton writes that the judiciary has "no influence over either the sword or the purse," and that it therefore has "neither FORCE nor WILL, but merely judgment."
What is Federalist 78?
In the 1964 case New York Times Co. v. Sullivan, the Supreme Court held that plaintiffs making a libel suit had to satisfy this standard in order to comply with the First Amendment.
What is the "actual malice" standard?
This check that Congress has over the federal judiciary involves passing laws that limit the kinds of cases that the federal courts can review. Ex parte McCardle, anyone?
What is "jurisdiction-stripping?"