The Spirit of American Government: A Study Of The Constitution: Its Origin, Influence And; Relation To DemocracySmith, J. Allen (James Allen)
History
The Spirit of American Government: A Study Of The Constitution: Its Origin, Influence And; Relation To Democracy
Smith, J. Allen (James Allen)
Constitutional history -- United States; United States -- Politics and government
That the Federalists who were in possession of our general government
during the early years of its history appreciated the advantage of
controlling the policy of the Supreme Court was pointed out in the
chapter on the Federal judiciary. They accomplished their purpose,
however, by selecting for membership in that body, men whose political
record was satisfactory and whose views concerning judicial functions
were in harmony with the general plan and purpose of the Federalist
party. In fact, the scheme of government which they set up contemplated
no such possibility as the democratization of the Executive or the
Senate. If their expectation in this regard had been fully realized, a
judicious use of the appointing power would have been all that was
necessary to ensure a conservative court. Perhaps the framers of the
Constitution did not imagine that the power to increase the number of
judges would ever be needed to enable the President and Senate to secure
the co-operation of the Supreme Court. At any rate, the power given to
Congress and the President to enlarge the membership of that body was
not, in the opinion of the framers, a power that could ever be employed
against the conservative class, since the radical element, it was
believed, would never be able to control more than one branch of the
government, the House of Representatives. But, although it can not be
determined whether the Federalists had in mind the possibility of using
this power to control the policy of the court, it should be noted that,
according to their view of the government, it might be used by, but not
against, the conservative class. Nor is it likely that they would have
hesitated to use this power had it been necessary to the success of
their plan.
Public-domain text, read in full here on John Shaqi.
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