Reflections Upon Judicial Independence As We Approach The Bicentennial of Marbury v. Madison: Safeguarding the Constitution's "Crown Jewel"

Authors

Honorable Gerald E. Rosen
Kyle W. Harding

Keywords

Marbury, Judicial Independence, Constitution

Abstract

This Article traces the history of judicial independence from the drafting of the Constitution and the Supreme Court's articulation of judicial review in Marbury v. Madison. It addresses the obstacles encountered during the ratification process and the reaction to the Marbury decision. The Article then summarizes the continued challenges to judicial independence, from President Roosevelt's "court-packing" plan to characterizations of judicial activism in Lochner v. New York. The Article concludes by warning that judges must remain vigilant against the impact of the highly partisan political process and the advent of powerful special interest groups.

Recommended Citation

Honorable Gerald E. Rosen and Kyle W. Harding, Reflections Upon Judicial Independence As We Approach The Bicentennial of Marbury v. Madison: Safeguarding the Constitution's "Crown Jewel", 29 Fordham Urb. L.J. 791 (2002).
Available at: https://ir.lawnet.fordham.edu/ulj/vol29/iss3/1