The conventional story of the federal judiciary's institutional growth begins with Marbury v. Madison and Chief Justice Marshall's establishment of judicial review. From there, it proceeds through the history of landmark Supreme Court decisions that pushed back against the power of the political branches and advanced the judiciary's institutional position. In this familiar story, the judiciary participates in the separation of powers through its case law.
Dana A. Remus,
The Institutional Politics of Federal Judicial Conduct Regulation,
Yale L. & Pol'y Rev.
Available at: https://digitalcommons.law.yale.edu/ylpr/vol31/iss1/3