Module 5: The Judiciary

The judicial branch serves as the protector of the Constitution. It ensures that laws passed by Congress are not in conflict with the U.S. Constitution, or that the President's actions do not violate it. Perhaps most importantly, the judicial branch serves as the best defense a citizen has against abuse by the government. As the main dispenser of justice, the judiciary must protect citizens from the excesses of the executive and legislative branches. To operate effectively, there must be confidence in the judiciary. To help inspire this confidence, the Founding Fathers created a system where judges and justices would not be beholden to individuals, political parties, or even public opinion.

Although the Founding Fathers understood the importance of a strong judiciary, Article III of the Constitution does not offer much information on its powers or how it should be organized. The Judiciary Act of 1789 helped establish the judicial branch, filling in specifics omitted from the Constitution. Equally as important to the establishment of the judicial branch was the appointment of John Marshall as the fourth Chief Justice of the Supreme Court. With the Marbury v. Madison decision, the Marshall Court secured the judicial branch's power of judicial review, as well as its place alongside the executive and legislative branches.

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