The last minute appointments by the Adams' administration sets the stage for the emergence of a stronger judiciary under the leadership of John Marshall. When the Jeffersonians come into power they repeal the last-minute actions of the previous Cong...
Another factor that keeps government officials and institutions within the boundaries of the Constitution is the concept of judicial review. It is the principle mechanism for resolving disputes over federalism. Jack Rakove calls the idea that judici...
The controversy over judicial power is intensified by the fact that federal judges are not elected. The balance of power among the three branches of government comes into particular focus in the exercise of judicial review. Whenever the Supreme Cou...