Controversial Books | Page 359

Separation of Powers: A Critical Evaluation 337 Separation of Powers: A Critical Evaluation Since 1789, when the First Congress convened, the executive branch has tended to grow in power, even during the administration of Presidents who professed to respect the legislative branch. The judiciary, ever since John Marshall became Chief Justice in 1801, has tended to be much more assertive of its powers than the Framers had expected. (Alexander Hamilton, writing in The Federalist, assured his readers that the Supreme Court, ‘‘the weakest of the three branches,’’ could take ‘‘no active resolution whatever.’’) Today, Federal courts examine and review Congressional enactments and presidential orders far more frequently than the Framers imagined. Congress,