Marbury v. Madison

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.


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 […]