The following study is designed to present the historical development of two phases of the American judicial system: the influence of the exercise of the doctrine of judicial review upon the position of the courts, and the political reactions affecting the tenure of the judges. The growth of the doctrine of judicial review in the formative period of American institutions had a profound influence upon subsequent constitutional development. When the judges, with popular approval, became the custodians of the Constitution a really independent judiciary became necessary to enable the courts fearlessly to mark out the provinces of the other departments of government. Attempts to check the exercise of judicial power have invariably taken the form of assaults upon the security of tenure of the judicial office. But even in the heat of partisan conflict the courts have usually withstood the attacks of persons who 628842 |