Nicely done. I've been briefing Pennsylvania legislators on the exact same issues in support of HB 357.
Nor is it overly helpful to our cause to refute an ancillary point I did not make. My point is simply that not even Hamilton claimed that the Supreme Court was the final arbiter of constitutional matters (as does the modern court vis-à-vis Cooper v. Aaron). My use of the term “monopoly” referred to the argument constructed by the charter’s opponents who alleged – presciently, I might add – that unlike judicial power in Great Britain and the several States, the proposed Supreme Court would have a monopoly on construing the laws of the new constitution.
Moreover, as I winked in the commentary, Federalist #81 is not going to pry people away from the X Factor anytime soon.
Fascinating site. If mainstream libertarianism promotes unconstitutional taxing schemes to funnel citizens toward one economic decision or another, I daresay I’m revoking my affinity for that label.