Final answer:
The Founders valued an independent judiciary but could not have anticipated the complexities of modern society. They believed in a fixed interpretation of the Constitution, and today's courts continue to adapt, interpreting the Constitution to apply to modern issues, an evolution that reflects the adaptive nature of the judiciary while maintaining a commitment to uphold the law and the Constitution.
Step-by-step explanation:
What would the Founders say about today's federal courts? This is a complex question that relates to the historical perspectives and intentions of the United States' Founding Fathers regarding the judiciary. The Founders cherished an independent judiciary as reflected in the debates of the Constitutional Convention and the Federalist Papers, such as Federalist 78 where Alexander Hamilton referred to the judiciary as 'the least dangerous' branch. However, the Founders could not have foreseen the vast social and technological changes and the resulting complex legal challenges that would require judicial interpretation in today's world. The Supreme Court throughout history has taken on a significant role in interpreting the Constitution and applying it to modern cases, which was exemplified by the landmark decision in Marbury v. Madison that established the principle of judicial review.
Given the controversies and the shifts in jurisdiction and power over time, it is impossible to definitively state what the Founding Fathers would think of today's federal courts. Prominent figures of the time, like Joseph Story, believed in a fixed interpretation of the Constitution, suggesting that any changes should occur through amendments, a view that is challenged by the ever-evolving application of Constitutional principles to contemporary issues. Today's Supreme Court, thereby, does not merely serve as its original form but also as an adaptive body that deals with issues that the Founders could have hardly anticipated.
The presence of debates about the appropriate size and power of the Supreme Court suggests that this concern is not purely a modern one, but reflects an ongoing tension between judicial authority and democratic control, which the Founders were also cognizant of. Ultimately, the Founders expected the courts to adhere to the law and the Constitution above policy preferences, a principle still upheld by justices today, as indicated by the remarks of Supreme Court Justice John Paul Stevens about having to uphold federal statutes even when they conflicted with his policy preferences.