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The Most Dangerous Branch of Government

© Brian Tubbs

Assuring an American public wary of the new, proposed Constitution (a document that would replace the hapless Articles of Confederation), Alexander Hamilton wrote in The Federalist, a series of essays appearing in New York newspapers, that the judicial branch would be the "least dangerous branch of government." He pointed out the judiciary lacked the power of the executive branch and the political passions of the legislature. Its sole purpose was to objectively interpret and apply the laws of the land. As such, its role would be limited.

While remarkably farsighted in almost every other area, Hamilton couldn't have been more wrong with his interpretation of the judiciary. Far from being the "least dangerous" branch of government, the judiciary (the Supreme Court at its pinnacle) has become the dominant branch of government, casting its influence over every aspect of American life.

The next series of articles will explore the influence of the federal judiciary over the course of American history, and examine whether this influence is consistent with the principles and vision of the Founding Fathers.

For those that prize the activist judiciary the United States has today, their gratitude must begin with perhaps the most brilliant and clever jurist ever to sit on the Supreme Court, former Chief Justice John Marshall.

The eldest of 15 children, John Marshall was born in a Virginia log cabin in 1755 and remained largely within his community (present-day Fauquier County in Northern Virginia) until the outbreak of the American Revolution. He served as an officer in the Continental Army from 1775 until 1779, and became a devoted admirer of General George Washington. This admiration would lead him eventually to write a noteworthy biography of the general and future President.

Marshall became a lawyer in 1780 and was first elected to public office two years later. He became a vocal advocate for the newly-drafted Constitution at the Virginia ratifying convention in 1788, and earned the gratitude of his hero, George Washington.

Marshall became a committed Federalist, but refused offers to join President Washington's administration. Nevertheless, he did assist Washington's successor, President John Adams, in the latter's peace negotiations with France. In 1799, Marshall was unable to resist Washington's pleas to stand for political office.

The former President had become increasingly frustrated with the Democratic-Republican Party, led by Thomas Jefferson, and insisted that the Federalist Marshall enter the political fray as a candidate for United States Congress. Marshall cruised to victory and became an active supporter of President Adams. He was soon tapped as Secretary of State toward the end of Adams's presidency.

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