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Currently viewing the category: "Robert Yates"

Notes of the Secret Debates of the Federal Convention of 1787 by Robert Yates

By Steve Straub On December 23, 2012 · 5 Comments · In Ebooks, Robert Yates

Notes of the Secret Debates of the Federal Convention of 1787" by Robert Yates Cover PageGet a FREE copy of “Notes of the Secret Debates of the Federal Convention of 1787″ by Robert Yates

This document comprises the Notes of the Secret Debates of the Federal Convention of 1787, Taken by the Late Hon Robert Yates, Chief Justice of the State of New York, and One of the Delegates from That State to the Said Convention and is one of two primary sources of the debates in the Constitutional Convention.

Robert Yates (1738-1801) was a politician and judge well known for his Anti-Federalist stances. He is also well known as the presumed author of the anti-federalist essays published in 1787 and 1788 under the pseudonyms “Brutus” and “Sydney”

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Robert Yates, The Power of the Judiciary

By Steve Straub On July 3, 2012 · Leave a Comment · In Robert Yates

Robert Yates, The Power of the JudiciaryThe judges under this constitution will controul the 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.

– Robert Yates (Brutus), Antifederalist No. 78-79, “The Power of the Judiciary (Part I),” New York Journal, March 20, 1788; “The Antifederalist Papers,” edited with an Introduction by Morton Borden, Michigan State University Press, 1965

Robert Yates, AntiFederalist Paper #17 – Federalist Power Will Ultimately Subvert State Authority

By Steve Straub On March 2, 2011 · 16 Comments · In Robert Yates

This [new] government is to possess absolute and uncontrollable powers, legislative, executive and judicial, with respect to every object to which it extends, for by the last clause of section eighth, article first, it is declared, that the Congress shall have power “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or office thereof. ”

And by the sixth article, it is declared, “that this Constitution, and the laws of the United States, which shall be made in pursuance thereof, and the treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, any thing in the Constitution or law of any State to the contrary notwithstanding. ”

It appears from these articles, that there is no need of any intervention of the State governments, between the Congress and the people, to execute any one power vested in the general government, and that the Constitution and laws of every State are nullified and declared void, so far as they are or shall be inconsistent with this Constitution, or the laws made in pursuance of it, or with treaties made under the authority of the United States. The government, then, so far as it extends, is a complete one, and not a confederation.

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