The description may have been slightly exaggerated to get the attention of the reader, but there is a great deal of truth in it. It has been in angry collision with the most dynamic and popular Presidents in our history. Yet in spite of its apparent vulnerable position, this Court has repeatedly overruled and thwarted both the Congress and the Executive. S created, the Supreme Court seemed too anemic to endure a long contest for power. Justice Robert Jackson, writing about the Supreme Court half a century ago said: Quite the contrary, its independence and authority took years to develop. And if indeed our past is prologue, such a review may also serve as a basis for predicting the Court's future and the challenges it may encounter.Ī review of the early years in the Supreme Court's history reveals that simply because we had a written constitution, which in Article III vested the judicial power in the Supreme Court by name, did not mean that that Court was instantly catapulted to co-equal status with the executive and legislative branches. Most have involved in one way or another challenges to its independence by one of the political branches of the federal government. One way to narrow the scope of such a review, however - and I think an instructive way to reflect on the Court's history - is to examine some of the significant crises the Court has faced. It is, of course, a topic that is far too broad to cover in the 30 minutes I am scheduled to speak this morning. I have been asked to speak to you today about my reflections on the history and future of the Supreme Court of the United States. It is a pleasure to be with you this morning. Thank you Judge Edwards for your kind introduction. OF THE SUPREME COURT OF THE UNITED STATES
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