point more judges to the Court largely because the move was unpopular with conservative democrats, republicans and the people who has always viewed the Supreme Court as the “guardians” of the Constitution. There is something in the American character that views the high Court as necessary for defending the rights of citizens, “It is safe to say that a respect for the principle of separation of powers is deeply ingrained in every American. The nation subscribes to the original premise of the framers of the Constitution that the way to safeguard against tyranny is to separate the powers of government among three branches so that each branch checks the other two. Even when this system thwarts the public will and paralyzes the processes of government, Americans have rallied to its defense” (Constitutional 1).
In its early existence, the judicial branch of the government was the weakest of the three. However, in Marbury v. Madison, Chief Justice John Marshall allowed for the principle of judicial review when he declared an act of Congress unconstitutional. In this manner, the judiciary was greatly empowered. The Court has dramatically added to its own power throughout its history. Judicial activism remained common and the Court interpreted the 14th Amendment to include protection of corporations. With this line of reasoning in tow, the Court was able to declare unconstitutional laws that protected worker, like minimum wage laws and laws opposing child labor. During this period in the late 1930s, the Court began a reputation of being unsupportive of
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