The Judicial Branch of the United States was laid out by the Founders in Article III of the Constitution. In it, they concluded that the power to judge guilt or innocence of U.S. citizens was to "vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." (Source: U.S. Constitution) With the need for a larger judiciary, Congress has, since the 1789 Convention, created "inferior" courts, including District Courts and Courts of Appeal.

Alexander Hamilton, in his famous "Federalist 78", drove off fears of the judiciary with the following:

Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive ...holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has...neither FORCE nor WILL, but merely judgment...

With tenures during "good behavior," federal judges essentially served life terms. This, on top of them being politicized through Executive appointment and Legislative confirmation, gave much reason for worry. The Judiciary has undergone many changes since Hamilton's tract, mainly changes that have only strengthened the Branch.

The Federal Judiciary

Evolution of the "Least Dangerous" Branch

• 1787: Article III of the United States Constitution outlines the role of the Judicial Branch, deeming it an interpreter of the Constitution and federal law.

• 1789: During the first session of Congress, the Judiciary Act is passed, creating the federal judiciary. The Supreme Court was set to five Associate Justices and one Chief. Also, it was given appellate jurisdiction over federal circuit court decisions as well as state court decisions against any stature or treaty of the United States or that was inconsistent with the federal constitution, treaties or laws.

• 13 judicial districts for the then 11 states were established, the district courts taking on more petty crimes and lawsuits

• circuit courts were created, taking on more serious crimes and limited appellate jurisdiction; they were presided over by the local district court and two Supreme Court Justices who would "circuit-ride" the then three circuits to a specific location within the district.

• 1795: The 11th Amendment of the Constitution is ratified, establishing that federal courts had the authority to hear cases in law and equity against states by private citizens, and that states did not enjoy immunity from suits made by citizens of other states.

• 1803: The landmark decision of Marbury v. Madison is made by the Supreme Court, establishing the Court as interpreter of Congressional decisions. It gave the Court the power it had not had before, allowing it to trump laws and set precedents in the name of the Constitution.

• 1891: The Evarts Act weakens the circuit courts (later completely abolished in Judiciary Act of 1911), establishes the courts of appeal, and frees Supreme Court justices from "circuit riding," as each of the then 9 circuits would have a judgeship, with a circuit, or district, judge appointed to the three-person court of appeals.