POLI2327 Lecture Notes - Lecture 5: Diversity Jurisdiction, John Marshall, Seriatim
1 Apr 2014
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Lecture 5: federalist papers = argument for why we need a much stronger central government including presidency, federal judiciary, a government that can tax people directly, strong sense that the founders wanted a stronger national government. In order to sell this in the f. p. , had to convince and appease people who were suspicious of new government/constitution: jealous of their rights, didn"t trust central government. Anti-federalist brutus said that federal court system will run government and judges will become tyrannical: get hybrid founding statements and documents that seem to contradict each other, got constitution ratified. Anti-federalists may have lost, but have never really gone away: tea party, anti-federalists instantly accept constitution as legitimate, though no fighting! This is a national court system, so they will always decide in favor of the national government . biased: constitution is so short and so vague. Judges decide what is just and not: judges have powers in law and equity.
