It is an old tradition, and in fact contributed very much to making the US what it is. John Adams appointed John Marshall Chief Justice of the Supreme Court ver

It is an old tradition, and in fact contributed very much to making the US what it is. John Adams appointed John Marshall Chief Justice of the Supreme Court very late in his one term. With a different justice--one with a less expansive view of federal power, or just one without the personality to carry the court with him--the Supreme Court might have considerably less weight. Apart from that, though, the worst I can remember from recent history are a pardon binge or two. But the outgoing president is not one to be constrained by custom.