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ERIC Number: ED323125
Record Type: Non-Journal
Publication Date: 1988
Pages: 17
Abstractor: N/A
ISBN: N/A
ISSN: N/A
EISSN: N/A
The Judicial Branch and the Constitutional Order. College-Community Forums.
Commission on the Bicentennial of the United States Constitution, Washington, DC.
Article III of the U.S. Constitution called for a federal judiciary that would dispense and administer justice in accordance with the principles on which the United States was founded. There was considerable ambivalence among the Founding Fathers as to what was the appropriate role for the judiciary, an ambivalence that has continued to the present day. Some regarded the new federal judiciary as a potentially dangerous instrument, while others believed that judicial power would be limited as compared with that of the legislative and the executive powers. The relatively weak power of the Supreme Court was enhanced tremendously by Chief Justice John Marshall and the case of Marbury v. Madison which asserted the Court's power of judicial review. The federal court system evolved to meet the needs of the expanding nation. Many judicial issues remain controversial today, including what should guide federal judges in their interpretation of the Constitution, the procedure for selecting and confirming federal judges, and whether there is a need for more courts and more judges to meet the growing mass of litigation. A list of 19 references is included. (DB)
Commission on the Bicentennial of the United States Constitution, 808 Seventeenth St. N.W., Washington, DC 20006 (free).
Publication Type: Historical Materials
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: Commission on the Bicentennial of the United States Constitution, Washington, DC.
Identifiers - Laws, Policies, & Programs: United States Constitution
Grant or Contract Numbers: N/A