This chapter dealt with the federal judiciary, it covered the historical development, structure, process and philosophy of judicial activity. It examined the historical evolution of the federal judiciary as to its civil and common law heritages, colonial/early state legacies regarding an independent judiciary and the Founding Fathers’ notions about the judiciary as the least dangerous branch. Next, it looked at the nomination/confirmation process, the federalized structure and the decision making procedures regarding precedent and opinion. The chapter also contained the political development of the judiciary from the Marshall court’s assumption of nationalism and judicial review, through the Taney court’s invocation of states’ rights and its turn to laissez-faire property rights oriented decision making.
The 20th century saw a movement toward social issues and individual rights with the “switch in time that saved nine” during the FDR administration, which was expanded throughout the 50’s-70’s. However, the conservative retrenchment of the Rehnquist court and its possible continuance by the Roberts court show us that the court reflects the partisanship, ideology, and judicial philosophy of the times. |
