its decisions. Recourse to such evidence of contemporary opinion and criticism of the Court is especially
necessary for an understanding of the degree to which
opposition to the Court and popular counter-movements
have affected the history of the country at different
periods. Of the great political revolution of 1800 which
destroyed the Federalist Party, the public attitude to-
wards the National Judiciary was no small cause. In
bringing about the rise of Jacksonian Democracy, the
antagonism caused in many States by John Marshall's
decisions was a potent factor. The attitude of the
Court on questions arising out of the slavery issue was
closely connected with the outbreak of the Civil War.
The violent Repubhcan onslaught on the Court for its
courageous and notable opinions at the end of the War
reacted on the whole unfortunate course of Recon-
struction. Nothing in the Court's history is more strik-
ing than the fact that, while its significant and neces-
sary place in the Federal form of Government has
always been recognized by thoughtful and patriotic men,
nevertheless, no branch of the Government and no in-
stitution under the Constitution has sustained more
continuous attack or reached its present position after
more vigorous opposition. It was, however, inevit-
able from the outset that the Court's powers, its
jurisdiction and its decisions should be the subject of
constant challenge by one political party or the other ;
for a tribunal whose chief duty was that of determining
between conflicting jurisdictions in a Federal form of
Government coidd not hope to escape criticism, invec-
tive, opposition and even resistance.^ One interest-
1 See CeniralizaHon and the Law (1908), by Melville M. Bigelow, 55 ; William Tudor wrote in 1816 in North Amer, Rev.t III, 102 : ** Whenever any set of men shall enter- tain designs against the Constitution, either to overwhelm it in the anarchy of simple democracy, or to found on its ruins a usurpation of monarchical power, they will conunence their operations by open or insidious attadcs to weaken and overthrow the Judiciary.*'
