In this AMAC Magazine exclusive article
Aaron Flanigan discusses the heroic moments of our Supreme Court.
The Supreme Court’s Constitutionalist Golden Age
America’s Founding Fathers saw the Supreme Court as essential to the survival of the rule of law. Described by Alexander Hamilton as “the least dangerous branch” of government, the Court as intended by the framers would interpret the Constitution neither through “force nor will” but instead through “judgment.”
One of the Court’s earliest and most consequential decisions, Marbury v. Madison, reaffirmed both the independence of the Court from the other branches of government and the Court’s role as an interpreter of the law. As then-Chief Justice John Marshall wrote for the majority, “It is emphatically the province and duty of the judicial department to say what the law is.”…
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