Marbury v. Madison

The Revolution by Last Best Hope of EarthFebruary 10, 2016February 10, 2016

The Defense Against Encroachments

While during the American Revolution, the judiciary was mostly forgotten, in the interest of controlling gubernatorial power by empower legislatures, that began to change during the 1780s.

Early Republic by Last Best Hope of EarthOctober 24, 2015October 24, 2015

A Conscientious Path of Moderation

The Constitution, in combination with the Judiciary Act of 1789, created the three-tiered court system that is familiar to modern Americans. However, one of the defining features of the judiciary is the concept of judicial review. Judicial review is the doctrine that permits a court, such as the Supreme Court in Marbury v. Madison, to declare […]

Early Republic by Last Best Hope of EarthOctober 23, 2015

The Assertive Judiciary

In the early years of the Republic, there was an itching for reformation of the systems and processes that had come to define colonial life. This reformation began with “enactment of an increasing number of laws.” Gordon Wood, Empire of Liberty, 405. Thomas Jefferson and James Madison led this movement of reformation. While they and […]