Existing comment:
Alexander Hamilton insisted "that the complete independence of the courts of justice is peculiarly essential in a limited Constitution." Some who agreed with Hamilton's view of the courts worried about the judicial branch's independence because its appointees seemed to be in political debt to the President for nomination, and to the Senate for confirmation of their appointments.
In 1793, the Court answered those who doubted its independence when it refused to give advice to George Washington, the president who had appointed every justice to the Curt. Washington approached the Court for advice on handling American neutrality in the face of the war between England and France that was sweeping Europe. Chief Justice John Jay pointedly urged the president to "get that advice from the heads of the departments," that is from cabinet members. Jay believed that the Court must never deviate from its role as a strictly judicial body.
Presiding over the circuit court in New York City in 1791, Jay also declared his independence of the legislative branch. At issue was a law passed by Congress requiring that justices of the Supreme Court, while riding circuit, assume the responsibility for administering pensions to disabled Revolutionary War veterans. Jay ruled (First Hayburn Case) that under the Constitution, Congress could only assign the Supreme Court judicial duties; the Justices could not be required to perform administrative duties such as managing the pensions. Chief Justice Jay asserted the Supreme Court's right of judicial review for the first time with his ruling on this issue. |