The Road To Judicial Independence

Most scholars agree with the conclusion that the Supreme Court acquires the judiciary review right through 'Marbury vs.Madison',and enhances its position among the three branches of federal.I also think so.But,I will discuss the judiciary rights from a broad picture,in which Federalist how to vie with Democratic-Republic party and the party's quarrel how to effect the federal court.As we known,the prestige and honor of the court and judge depends on its neutral and independent from any party.However,the political party try its best to obtain the maximum political power,occupy more post in government than the rival.When the federal government began to run according to the Constitution in 1789,the different politicians have formed the opposite party to control more seats of Congress and influence President and Federal judge.At the beginning,the federal court were controlled by the pro-federal judges who lack of sense of neutrality because they didn't have concrete power.So,during Washington and Adams administration,the judges get closely relationship with the president,they even use judiciary power to against the member of the opposition party,which result in strong anger at Democratic-Republic party.However,John Jefferson,representing Democratic-Republic party,wined the presidential election in 1800.He takes a series of measures to remove the judges appointed by the predecessor.Even though the judiciary act of 1801 has been repelled,Marbury hasn't received relief from the Supreme Court,Democratic-Republic party impeachment against John Case has failed.The Supreme Court had established judiciary review right.From this perspective,the Federalist was defeated by Democratic-Republic party,but the strength and independence of the federal court has grown,and the federal judge's inclination to political party has diminished.So,when it comes to the independence of federal judiciary,we shouldn't just focus our attention on the Supreme Court's judiciary review right.It is also very important that the federal judge understand the nature of judiciary right and the role that they should and must play.This is to say,the judiciary right can't depend on political party,and judge should keep neutral and fair to anyone.It's the source of judiciary right.In the past,we pay much attention on the judiciary review,and neglect the awakening of the judge's sense of independence.I want to discuss the impact of party's contest to the jurisdiction.