Title: Influences on Judicial Power - Judicial Law Essays
Headings: Influences on Judicial Power
Influences on Judicial Power
Content: If the power of making them was committed either to the executive or legislature, there would be danger of an improper compliance to the branch with possessed it” (Woll, 412). Limiting the term of judges would motivate their loyalty to the agency responsible for appointments in order to ensure future succession. Hamilton argues that the judicial branch is in “continual jeopardy of being overpowered, awed or influenced by its coordinate branches; that, as nothing can contribute so much to its firmness and independence as PERMANECNY IN OFFICE” (Woll, 410). Domination of the judicial branch by the executive or legislative branch undermines the essential structure of separated powers. Powers partitioned to the judiciary branch would be under the control and devoted to the benefit of the other two branches. The prominent case of Marbury v. Madison established the principle of judicial review, implied by Hamilton when he stated in the Federalist Papers that, “No legislative act? contrary to the constitution can be valid” (Woll, 411). President John Adams appointed Marbury as justice of the peace during his infamous midnight appointment, which was a desperate effort on the part of the Federalist to fill judicial position before leaving office. Marbury’s commission, however, was never delivered once Jefferson took office.