Controversial Books | Page 527

Origins of Judicial Independence 505 Much of this was attributable to democratic excesses. The will of the people in many instances was considered omnipotent, and the legislature was simply carrying out the popular will. Hence, a number of early State legislatures did not hesitate to interfere with the traditional functions of the courts. During Shays’ Rebellion in 1786, people in Massachusetts prevented the courts from functioning and demanded that all inferior courts be abolished. Similar notions were advanced in New Hampshire in the early Republic. In Vermont, courthouses were set afire; and in New Jersey debtors nailed up the doors of courthouses and irate mobs attacked lawyers and judges in the streets. The Framers of the Federal Constitution, profoundly alarmed by these developments, endeavored to provide the nation with a truly independent judiciary at the Federal level. But we may ask: independent of whom? The answer is not as easy as it might appear, for the independence of the Federal courts is not absolute. The Federal Judiciary, like Congress and the President, is a part of our separation of powers and checks and balances system. Congress and the President not only have certain powers to ‘‘check’’ the Judiciary, but also share with the Supreme Court the right and the duty to interpret the Constitution. The arrangement carefully constructed by the Framers is a complicated one, often misunderstood and in need of careful examinat