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Topic: Chief Justice Rehnquist has died
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Aaron Mehocic
Jedi Master Film Handler
Posts: 804
From: New Castle, PA, USA
Registered: Jun 99
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posted 09-10-2005 11:36 AM
Historically, the Founders didn't even know what the Court was supposed to do. They realized there should be some type of nationalized venue in which litigants could appeal if they felt lower courts misread their complaints, but the Constitution is quite vague as to what the ultimate role was to be.
The Court was discussed late in the Constitutional Convention of 1787 (about mid-August of that year), and many delegates were eager to get back to their home states before winter would restrict their travel. To them, Congress was the most important branch in the new government and most of the heated debates and compromises settled around the formation of that body. The first Supreme Court conviened (I believe) in 1790 and had almost no docket that first year. Most of the older Founders such as Rufus King and John Jay served as some of our first Justices.
The first case of monumental importance to come before the Court was Marbury v. Madison (1801). It centered around the appointment of William Marbury as a judge to a lower Federal Court in the last hours of the Presidency of John Adams. Marbury was a Federalist, the political party in which the modern-day Republicans indirectly descend from. Incoming Democrat Secretary of State James Madison cancelled Marbury's appointment, filling the position with one of his guys. Marbury sued and the case went before the Court. Chief Justice John Marshall ruled Marbury gets his judgeship, BUT MORE IMPORTANTLY, the Supreme Court would now serve as a check on the other branches of government so no one branch could become more powerful than the other two. This is what we call Judicial Review .
In light of what is about to happen, given two new Justices will be appointed to the Court very soon, it is important to remember the history and how this branch has come into its own over the past 200 years.
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