So with a week off for travel, Lucretia and I return to the Power Line University seminar room tomorrow (Wednesday) at 4 pm Pacific time for our final seminar on The Federalist, where we’ll continue our review of how The Federalist understood judicial review. In particular we’ll spend a lot of time on Federalist #84, where Hamilton makes the bold argument that not only is a Bill of Rights unnecessary, but would actually be dangerous to the liberty of the people. As a historical matter Hamilton lost this argument (one of the few he lost), but maybe his logic was right? What might have happened if we had never adopted the Bill of Rights? We’ll bring in a couple of witnesses on Hamilton’s side, and, time permitting, what Marbury v. Madison did—and didn’t do—in sorting out the power of judicial review.

If you want to join us live, use this Zoom link.