It is not clear that the Federal Judiciary of today would have been recognizable to the Founders as the one contemplated by Article III. Several watershed moments in the early days of the Republic served to guarantee that the U.S. Supreme Court would have the power to review not only the acts of other Federal Courts, but the acts of State Courts and other Federal Branches as well.
The failure of the Founders to specifically contemplate these powers in the drafting does not mean that they are contrary to the original understanding, as indeed the processes by which the Supreme Court would enjoy the breadth of review which it does were put in place by the Founders, post Founding; rather, the lack of explicit mention of Judical Supremecy may be an example of drafting omission; or not.
EstablishJustice - One in a series on Constitutional Issues
EstablishJustice is one in a series of websites devoted to Constitutional Law issues written and maintained by Ian Booth Kelley.
Ian Kelley is an attorney, lecturer, and law school instructor in the Bay Area. He maintains offices in San Francisco, representing both individuals and businesses in areas ranging from Contracts to Regulatory Compliance to Criminal Defense. For more information, please call the office below or contact him online through ianbkelley.com.
Law Offices of Ian Kelley
885 Bryant Street, Second Floor
San Francisco, CA 94103