Excerpt from The Supreme Court of the United States: Its History and Influence in Our Constitutional System
The research of recent historians has served to set in proper light the origin of our political institutions, and the character of their antecedents. In America, as elsewhere, has been shown the truth of the maxim that institutions are the result of an evolution, and not of an invention; and that constitutions, whether written or unwritten, are but the results of the gradual recognition of those laws and methods which are the best suited for the government of a politically organized people. Nevertheless, the impression seems still to have obtained, to some extent at least, that our Supreme Court was, in its establishment, a partial exception to this political truth, and that it owes its origin very largely to the inventive genius of the members of the constitutional convention. We find Sir Henry Maine speaking of the Supreme Court as "a virtually unique creation of the founders of the Constitution," and Hannis Taylor, in his recent work, characterizing it as "the most original work accomplished by the framers of the Constitution," and in another place saying: "The Supreme Court has no prototype in history."
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