Explore how laws are interpreted by courts through an adversarial process.

After establishing the supreme legislative and executive bodies, the Framers turned to the creation of the judiciary. As they did so, they sought to establish a single, highest court — the Supreme Court — that would be the national court of last appeals with authority to render final and binding decisions in all cases and disputes arising under the Constitution. While the Supreme Court is the highest court in the land, it is not beyond the influence of the other branches of government. The Framers put checks and balances in place to limit the Court’s authority. At the same time, they recognized that the Court had to be independent enough to make impartial decisions. Otherwise, the Court’s decisions would not be respected as fair and balanced. To ensure the independence of the judiciary, the Framers established a nomination and appointment process for judges that is insulated from public opinion. They also provided that once Supreme Court and other federal court judges were appointed, they would continue to serve “during good behavior.” Of this second provision, Hamilton observed:

The standard of good behavior for the continuance in office of the judicial magistracy, is certainly one of the most valuable of the modern improvements in the practice of government. In a monarchy it is an excellent barrier to the despotism of the prince; in a republic it is a no less excellent barrier to the encroachments and oppressions of the representative body. And it is the best expedient which can be devised in any government, to secure a steady, upright, and impartial administration of the laws. (Federalist No. 78)