Part 3/6:
He recalls the Federalist Papers, where the framers clearly posited the legislative and executive branches as the dominant forces in government. The notion was that Congress and the President had the authority to abolish judges if necessary, fundamentally limiting the judiciary’s power. The landmark case of Marbury v. Madison, often cited to expand judicial power, is approached with a critical lens by Gingrich, who suggests that the legal interpretations surrounding it have strayed far from the original context. He notes that Chief Justice John Marshall had to navigate a politically charged landscape delicately, asserting judicial power while acknowledging the legislative might to abolish the courts if necessary.