This paper discusses the history and development of the power of the courts and judges in the U.S.: Pros and cons.
Written in 1990; 1,800 words; 4 sources; $ 63.95
From the Paper:
"Judicial review is a characteristic, indeed a distinctive, feature of these United States; at the same time as the convention in Philadelphia was creating an independent judicial branch of government (and adding a second house to the legislature), the several States were adding courts as a restraint on assemblies acting by majority.
Nevertheless, there is a persistent theory that judicial review was not authorized by the States but instead imposed by activists justices such as Marshall, supported by a pervasive inability to see how judicial review is performed.
In Views from the Bench1 we see that the judges themselves are, or pretend to be, ignorant of their function. No less an authority than Justice Jackson2 is found to assert that the U.S. Supreme Court is, among other things, "the arbiter of [State v. ... "
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