The Courts and a Bill of Rights

The delegates were willing to invest the national courts with more independence so that the judiciary could serve as an additional check on other institutions. Broad nationalists wanted a strong system of national courts that could establish a presence across the nation. But narrow nationalists resisted this idea, because if the national court system included courts located in the states, these courts could draw power away from the existing state judicial systems. The delegates evaded this problem by allowing Congress to decide the issue. They gradually allowed room for the courts to exercise judicial review but refused to allow Supreme Court justices to participate in vetoing legislation. The delegates compromised on appointments, requiring the president and the Senate to share this power. The Convention banned ex post facto laws and bills of attainder, and protected habeas corpus. But it refused add a more comprehensive Bill of Rights.