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Year Created: 1788
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Description: The series of anti-federalist writing which most nearly paralleled and confronted The Federalist was a series of sixteen essays published in the New York Journal from October, 1787, through April, 1788, during the same period The Federalist was appearing in New York newspapers, under the pseudonym "Brutus", in honor of the Roman republican who was one of those who assassinated Julius Caesar, to prevent him from overthrowing the Roman Republic. The essays were widely reprinted and commented on throughout the American states. The author is thought by most scholars to have been Robert Yates, a New York judge, delegate to the Federal Convention, and political ally of anti-federalist New York Governor George Clinton. All of the essays were addressed to "the Citizens of the State of New York".
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I said in my last number, that the supreme court under this constitution would be exalted above all other power in the government, and subject to no controul. …I question whether the world ever saw, in any period of it, a court of justice invested with such immense powers, and yet placed in a situation so little responsible…
Judges under this constitution will controul legislature, for the supreme court are authorised in the last resort, to determine what is the extent of the powers of the Congress; they are to give the constitution an explanation, and there is no power above them to set aside their judgment. The framers of this constitution appear to have followed that of the British, in rendering the judges independent, by granting them their offices during good behaviour, without following the constitution of England, in instituting a tribunal which their errors may be corrected; and without advertising to this, that the judicial under this system have a power which is above the legislative, and which indeed transcends any power before given to a judicial by any free government under heaven…
If, therefore, the legislature pass any laws, inconsistent with the sense of judges put upon the constitution, they will declare it void; and therefore in this respect their power is superior to that of the legislature.
Citation: “XV 20 March 1788.” Anti-Federalist Papers: Brutus #15, constitution.org/1-Constitution/afp/brutus15.htm. Accessed 5 Mar. 2025.