Robert Yates(?), a non-signing Delegate to the Constitutional Convention, using the penname “Brutus,” publishes an anti-federalist essay, warning that ratification of the proposed Constitution for the united States will result in the usurpation of State sovereignty by the federal judiciary. In paragraphs 24 and 25 he writes,
The judicial power will operate to effect, in the most certain, but yet silent and imperceptible manner, what is evidently the tendency of the constitution:—I mean, an entire subversion of the legislative, executive and judicial powers of the individual states. Every adjudication of the supreme court, on any question that may arise upon the nature and extent of the general government, will affect the limits of the state jurisdiction. In proportion as the former enlarge the exercise of their powers, will that of the latter be restricted.
That the judicial power of the United States, will lean strongly in favour of the general government, and will give such an explanation to the constitution, as will favour an extension of its jurisdiction, is very evident from a variety of considerations.
NOTE: Although the identity of “Brutus” is not known for sure, many scholars believe him to have been Robert Yates, an Associate Justice of the New York Supreme Court.
[restored 10/4/2021]
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References:
Murray Dry, The Anti-Federalist: An abridgement, from The Complete Anti-Federalist by Herbert J. Storing, ed., (Chicago and London: University of Chicago Press, 1985), 162, 165
Brutus XI
www.infoplease.com/primary-sources/government/anti-federalist-papers/brutus-xi
The Prophetic Antifederalists | Mises Institute
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