Most commentators on both sides of the political landscape would acknowledge the fact of judicial activism in our Federal Courts. The question is: How did we arrive where we are? How did our Federal Courts, especially the Supreme Court of the United States (SCOTUS for short) take over the authority of the Legislative and Executive Branches of our Federal Government?

The foundation for judicial activism began with Marbury v. Madison in 1803, but the history goes back even further. The Judiciary Acts of 1789 and 1801 set the stage for the players to craft what today would be called a political soap opera.

The Judiciary Act of 1801 was introduced before the presidential election of 1800, but wasn’t passed until after the election, which ultimately was determined in the House of Representatives. President John Adams signed the bill on February 13, 1801, three weeks before the end (Read the rest of the story below the fold...)