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marshall

of the states. Clearly, the Supreme Court was the branch that could most easily facilitate the strengthening of the national government into an effective and unified nation rather than thirteen independent countries as the states had seemed under the Articles of Confederation. Critics will protest that the people do not elect the Supreme Court Justices and therefore the Supreme Court should not have the power of judicial review. As McCloskey points out, "No institution in a democratic society could become and remain potent unless it could count on a solid block of public opinion that would rally to it's side in a pinch." Clearly, the Supreme Court is ultimately responsible to the will of the people. By maintaining independence from politics, the Justices avoid the major problems of political parties and party platforms. Furthermore, the Supreme Court's small size allows the Constitution to speak with a unified voice throughout the country....

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