hybrid appellate courts that the federal judiciary, in the person of John Marshall, held firm in marking its independence from the executive. Acting as circuit court judges, Supreme Court justices, along with their district court colleagues, had demonstrated similar independence as early as 1792, when considering the Invalid Pensions Act.55 This was a lesson learned and appreciated by federal appellate judges throughout American history and, by and large, accepted by American presidents. There is every reason to expect, as well as hope, that this tradition will be upheld in the future. 55 Supra, pp. 9-11. 212
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