Antifederalist No. 83 — The Federal Judiciary and the Issue of Trial by Jury

By Luther Martin of Maryland. . . . . in all those cases, where the general government has jurisdiction in civil questions, the proposed Constitution not only makes no provision for the trial by jury in the first instance, but, by its appellate jurisdiction, absolutely takes away that inestimable privilege, since it expressly declares the …

FEDERALIST No. 83: The Judiciary in Relation to Trial by Jury

We are on the eve of a very important election.  Much has been said about the Constitution and what is Constitutional so let’s take a few weeks and look at the foundational letters written by Madison, Hamilton, and Jay arguing for the creation of the US Constitution.  The comment tab is open.  Please share your …

Antifederalist No. 82 — The Power of the Judiciary. (Part 4)

Part 1: Part 2 of “Brutus” 14th essay (from the March 6, 1788, New-York Journal). Part 2: The final segment of the 15th essay (March 20, 1788 New York Journal). It may still be insisted that this clause [on appellate jurisdiction] does not take away the trial by jury on appals, but that this may …

How Cartridge Paper almost killed King George

In order to facilitate rapid loading during battle, 18th Century musket cartridges were made from rolled brownish-white paper.  This paper tube held both the powder and the ball was its own self contained wadding.  For training, reviews and firing a “feu de joie” or celebratory musket salute, however, blank rounds were needed. Numerous accidents were reported …

Antifederalist No. 81 — The Power of the Judiciary. (Part 3)

Part 1: from the 12th essay by “Brutus” from the February 7th & 14th (1788) issues of The New-York Journal. Part 2: Taken from the first half of the 14th essay February 28, 1788. In my last, I showed, that the judicial power of the United States under the first clause of the second section of …

FEDERALIST No. 81: The Judiciary, and the Distribution of the Judicial Authority.

We are on the eve of a very important election.  Much has been said about the Constitution and what is Constitutional so let’s take a few weeks and look at the foundational letters written by Madison, Hamilton, and Jay arguing for the creation of the US Constitution.  The comment tab is open.  Please share your …

Antifederalist No. 80 — The Power of the Judiciary. (Part 2)

From the 11th essay of “Brutus” taken from The New-York Journal, January 31, 1788. The nature and extent of the judicial power of the United States, proposed to be granted by the constitution, claims our particular attention.Much has been said and written upon the subject of this new system on both sides, but I have …