American Politics Today - Essentials (3rd Ed)

THE DEVELOPMENT OF AN INDEPENDENT AND POWERFUL FEDERAL JUDICIARY| 357

The Development of an Independent and Powerful Federal Judiciary

The role of the courts in American politics and the Supreme Court’s authority as the

ultimate interpreter of the Constitution were not defi nitively established in the Con-

stitution. The powers of the Supreme Court evolved over time, and debates about its

proper role continue to this day.

The Founders’ Views of the Courts: The Weakest Branch?

The Federalists and Antifederalists did not see eye-to-eye on much, and the judi-
ciary was no exception. Alexander Hamilton, writing in Federalist 78, said that
the Supreme Court would be “beyond comparison the weakest of the three depart-
ments of power.” In contrast, the author of the Antifederalist Papers wrote, “The
supreme court under this constitution would be exalted above all other power
in the government and subjected to no control.”^1 Hmmm, which is it, weakest
or strongest? While the framers could not agree on the likely relative power of
the Court, there was surprisingly little debate at the Constitutional Convention
about the judiciary. Article III of the Constitution created one Supreme Court
and gave the courts independence by providing federal judges with lifetime
terms (assuming “good behavior”). However, the Federalists and Antifederalists
did not see eye-to-eye on much, and the judiciary was no exception.

DECISIONS BY THE SUPREME COURT

affect ordinary Americans in

countless ways. However, the

Founders left the Court’s powers

unclear, and debates over its proper

role in politics continue to this day.

EXPLAIN HOW THE POWER

OF JUDICIAL REVIEW WAS

ESTABLISHED