21. Thesis Topic: The Constitution and the Court. Thesis Statement: While the United States Constitution, as originally constructed by James Madison and the other delegates to the Constitutional Convention, called for a government with three equal branches, the Judiciary seems to have been the original poor stepchild. While the Executive and Legislative branches were highly codified within the original text of the Constitution the powers and form of the Judiciary was almost unspecified. As a result it took many years before the Judiciary was truly an equal partner to the other branches and its power would came more from ordinary legislation and precedent setting decisions than the original wording of the Constitution or later amendments.