Supreme Court of the United States

The Supreme Court of the United States, the highest court in the United States of America, is the head of the Judicial Branch of the Federal Government.

History

The Supreme Court was established by the Constitution of the United States, which was implemented in 1789; under the Judiciary Act of 1789, the Court was to be composed of six members—though the number of justices has been nine for almost all of its history, this number is set by Congress, not the Constitution. The first Chief Justice of the United States was John Jay. Perhaps the most controversial of the Supreme Court's early decisions was Chisholm v. Georgia, in which it held that the federal judiciary could hear lawsuits against states. Soon thereafter, responding to the concerns of several states, Congress proposed the Eleventh Amendment, which granted states immunity from lawsuits in federal courts. The Amendment was ratified in 1795.

Related Topics:
Constitution of the United States - Judiciary Act of 1789 - John Jay - Chisholm v. Georgia - Eleventh Amendment

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1801 to 1835: The Marshall Court

One of the most significant periods during the history of the Court was the tenure of Chief Justice John Marshall (1801 to 1835). In the landmark case Marbury v. Madison (1803), Marshall held that the Supreme Court could overturn a law passed by Congress if it violated the Constitution, legally cementing the power of judicial review. The Marshall Court also made several important decisions relating to federalism. Marshall took a broad view of the powers of the federal government—in particular, the interstate commerce clause and the necessary and proper clause. For instance, in McCulloch v. Maryland (1819), the Court ruled that the interstate commerce clause and other clauses permitted Congress to create a national bank, even though the power to create a bank is not explicitly mentioned in the Constitution. Similarly, in Gibbons v. Ogden (1824), the Court found that the interstate commerce clause permitted Congress to regulate interstate navigation.

Related Topics:
John Marshall - 1801 - 1835 - Marbury v. Madison - Judicial review - Federalism - Interstate commerce clause - Necessary and proper clause - McCulloch v. Maryland - Gibbons v. Ogden

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The Marshall Court also made several decisions restraining the actions of state governments. The notion that the Supreme Court could consider appeals from state courts was established in Martin v. Hunter's Lessee (1816) and Cohens v. Virginia (1821). In several decisions, the Marshall Court confirmed the supremacy of federal laws over state laws. For example, in the aforementioned decision in McCulloch v. Maryland, the Court held that a state could not tax an agency of the federal government. At the same time, however, the Marshall Court held in the landmark case Barron v. Baltimore (1833) that the Bill of Rights restricted the federal government alone, and did not apply to the states. Nonetheless, the Supreme Court would in later years hold that the Fourteenth Amendment had the effect of applying the Bill of Rights to the states.

Related Topics:
Martin v. Hunter's Lessee - Cohens v. Virginia - Barron v. Baltimore - Bill of Rights

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1836 to 1864: The Taney Court

In 1836, Marshall was succeeded as Chief Justice by Roger B. Taney, who had a somewhat more limited view of the powers of the federal government. At a time when sectional tensions between the North and South were high, many of the Supreme Court's decisions—particularly those relating to slavery—met with controversy and contention. Most controversial was the Taney Court's decision in Dred Scott v. Sandford (1857). Dred Scott, a slave from Missouri, sued for his freedom on the grounds that his master had taken him into Illinois and Minnesota, both of which prohibited slavery, for extended periods of time. Taney, however, ruled that members of the African race, "beings of an inferior order," were not and could never become citizens of the United States. Consequently, he ruled that Scott therefore had no standing to file the lawsuit. Moreover, he held that the Missouri Compromise, under which Congress prohibited slavery in certain territories that formed part of the Louisiana Purchase, was unconstitutional. The controversial decision met with vigorous opposition from abolitionists, and contributed to the tensions that led to the Civil War during the next decade. The Civil War culminated in a victory for the Union and in the abolition of slavery (see the Thirteenth Amendment).

Related Topics:
Roger B. Taney - Dred Scott v. Sandford - Dred Scott - Missouri - Illinois - Minnesota - Missouri Compromise - Louisiana Purchase - Abolitionists - Civil War - Thirteenth Amendment

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1874 to 1910: The Waite and Fuller Courts

In the aftermath of the Civil War Congress passed and the states ratified the Fourteenth Amendment, which, among other things, prevented states from abridging the "privileges and immunities of citizens," from denying due process of law, and from denying equal protection of the laws to any person. Many cases that came before the Court in the post–Civil War era involved interpretation of the Fourteenth Amendment. In the Civil Rights Cases (1883), the Court under Chief Justice Morrison Waite held that Congress could not prohibit racial discrimination by private individuals (as opposed to governments) on the grounds of the Fourteenth Amendment. Later, in Plessy v. Ferguson (1896), the Court under Chief Justice Melville Fuller determined that the equal protection clause did not prohibit racial segregation in public facilities, as long as the facilities were equal (giving rise to the famous term "separate but equal"). The sole dissenter in that case was John Marshall Harlan, the "Great Dissenter."

Related Topics:
Fourteenth Amendment - Equal protection of the laws - Civil Rights Cases - Morrison Waite - Plessy v. Ferguson - Melville Fuller - Racial segregation - Separate but equal - John Marshall Harlan

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1910 to 1930: The White and Taft Courts

In the early twentieth century, the Supreme Court established that the Fourteenth Amendment protected the "liberty of contract." On the grounds of the Fourteenth Amendment and other provisions of the Constitution, it controversially overturned many state and federal laws designed to protect employees. The first important decision of the era was Lochner v. New York (1905), in which the Court overturned a New York law limiting the number of hours bakers could work each week. In Adair v. United States (1908), the Court overruled a federal law which forbade "yellow dog contracts" (contracts that prohibited workers from joining unions). Adkins v. Children's Hospital (1923) involved a decision that a District of Columbia minimum wage law was unconstitutional.

Related Topics:
Lochner v. New York - Adair v. United States - Yellow dog contracts - Adkins v. Children's Hospital - District of Columbia

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In 1925, the Supreme Court made a landmark ruling in Gitlow v. New York, establishing the doctrine of incorporation, under which provisions of the Bill of Rights were deemed to restrict the states. Originally, as Chief Justice John Marshall ruled in Barron v. Baltimore (1833), the Bill of Rights restricted only the federal government; however, during the twentieth century, the Supreme Court held in a series of decisions the Fourteenth Amendment had the effect of applying certain provisions of the Bill of Rights to the states. The first such decision was Gitlow, in which the Supreme Court incorporated the protection of freedom of speech afforded by the First Amendment. Important decisions relating to incorporations were made during later decades, especially the 1960s.

Related Topics:
Gitlow v. New York - Incorporation - Barron v. Baltimore

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1930 to 1953: The Hughes, Stone and Vinson Courts

During the 1930s, the Supreme Court continued to enforce a Federal laissez-faire approach, overturning many of President Franklin D. Roosevelt's New Deal programs, which were designed to combat the Great Depression, by 5–4 margins. Most notably, the National Industrial Recovery Act was overturned in Schechter Poultry Corp. v. United States (1935), and the Agricultural Adjustment Act was struck down in United States v. Butler (1936). In response, President Roosevelt proposed the Judiciary Reorganization Bill (called the "court-packing bill" by its opponents), which would have increased the size of the Supreme Court and permitted the appointment of additional (presumably pro-New Deal) Justices. The bill, however, had many opponents (including John Nance Garner, Roosevelt's Vice President), and was defeated in Congress.

Related Topics:
Laissez-faire - Franklin D. Roosevelt - New Deal - Great Depression - National Industrial Recovery Act - Schechter Poultry Corp. v. United States - Agricultural Adjustment Act - United States v. Butler - Judiciary Reorganization Bill - John Nance Garner

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Soon after the proposal of the court-packing plan, however, the Supreme Court ended the trend that had prevailed since Lochner. Justice Owen Roberts, who had previously voted with the conservative bloc in invalidating New Deal legislation, began to vote on the opposite side. Roberts' decision spelled the end of the Lochner era; Roberts' switch from the conservative to the liberal side, perhaps motivated by Roosevelt's threats to pack the Court, has been dubbed the "switch in time that saved nine." The four conservative Justices who continued to vote to overturn New Deal programs—James McReynolds, George Sutherland, Willis Van Devanter and Pierce Butler—were dubbed the Four Horsemen of the Apocalypse. Their foremost liberal opponents on the bench were the "Three Musketeers": Louis Brandeis, Benjamin Cardozo and Harlan Stone. As the Horsemen retired, Roosevelt, the longest-serving President in history, obtained opportunities to replace them with more liberal Justices. In 1945, eight of the nine sitting Justices had been appointed by President Roosevelt, the sole exception being Owen Roberts.

Related Topics:
Owen Roberts - Switch in time that saved nine - James McReynolds - George Sutherland - Willis Van Devanter - Pierce Butler - Four Horsemen of the Apocalypse - Three Musketeers - Louis Brandeis - Benjamin Cardozo - Harlan Stone

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1953 to 1969: The Warren Court

In 1953, President Dwight David Eisenhower appointed Earl Warren, who was then governor of California, Chief Justice. Warren's term as Chief Justice, which lasted until 1969, was arguably one of the most significant in the history of the Court. Under him, the Court made a long series of landmark decisions. Notable members of the liberal wing of the Court aside from Warren included Hugo Black, William O. Douglas (the longest-serving Justice in the Court's history) and William J. Brennan. The first important case of Warren's tenure was Brown v. Board of Education (1954), in which the Court unanimously declared segregation in public schools unconstitutional, effectively reversing the precedent set earlier in Plessy v. Ferguson and other cases.

Related Topics:
Dwight David Eisenhower - Earl Warren - Hugo Black - William O. Douglas - William J. Brennan - Brown v. Board of Education

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The Warren Court also made several controversial decisions relating to the Bill of Rights. The doctrine of incorporation, which had first taken root in Gitlow v. New York, was applied fully to most provisions of the Bill of Rights. In Engel v. Vitale (1962), the Court declared that officially sanctioned prayer in public schools was unconstitutional under the First Amendment. Similarly, in Abington School District v. Schempp (1963), it struck down mandatory Bible readings in public schools. The Court also expanded and incorporated the rights of criminal defendants, on the basis of the Fourth, Fifth, and Sixth Amendments. In Mapp v. Ohio (1961), the Court incorporated the Fourth Amendment and ruled that illegally seized evidence could not be used in a trial. Gideon v. Wainwright (1963) established that states were required to provide attorneys to indigent defendants. Miranda v. Arizona (1966) held that the police must inform suspects of their rights (including the right to remain silent and the right to an attorney) before being interrogated. (The decision is the source of the famous Miranda warning.) Another significant and controversial decision made by the Warren Court was Griswold v. Connecticut (1965), which established that the Constitution protected the right to privacy.

Related Topics:
Engel v. Vitale - Abington School District v. Schempp - Bible - Mapp v. Ohio - Gideon v. Wainwright - Miranda v. Arizona - Miranda warning - Griswold v. Connecticut

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1969 to 1986: The Burger Court

Chief Justice Earl Warren was succeeded by Warren E. Burger, who served from 1969 to 1986. The Burger Court is best remembered for its ruling in Roe v. Wade (1973), which held that there is a constitutionally protected right to have an abortion in some circumstances. The Court also made important decisions relating to the First Amendment. In Lemon v. Kurtzman (1971), it established the "Lemon test" for determining if legislation violates the establishment clause. Similarly, it established the "Miller test" for laws banning obscenity in Miller v. California (1973). The Burger Court also established a moratorium on capital punishment in Furman v. Georgia (1972), holding that states generally awarded death sentences arbitrarily and inconsistently. The moratorium, however, was lifted four years later in Gregg v. Georgia (1976).

Related Topics:
Warren E. Burger - Roe v. Wade - Abortion - Lemon v. Kurtzman - Miller v. California - Capital punishment - Furman v. Georgia - Gregg v. Georgia

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1986 to 2005: The Rehnquist Court

Chief Justice William Rehnquist served from Burger's retirement in 1986 until his own death on September 3, 2005. The Rehnquist Court generally took a limited view of Congress's powers under the commerce clause, as exemplified by United States v. Lopez (1995). The Court made numerous controversial decisions, including Texas v. Johnson (1989), which declared that flag burning was protected free speech under the First Amendment; Lee v. Weisman (1992), which declared officially sanctioned student-led school prayers unconstitutional; Stenberg v. Carhart (2000), which voided laws prohibiting late term abortions; and Lawrence v. Texas (2003), which struck down laws prohibiting sodomy. (Some commentators see these decisions as part of the "culture wars.") Perhaps the most controversial decision made by the Court came in Bush v. Gore (2000), which ended the recounts in Florida following the presidential election of 2000, allowing George W. Bush to become the forty-third U.S. President.

Related Topics:
William Rehnquist - September 3 - 2005 - United States v. Lopez - Texas v. Johnson - Lee v. Weisman - Stenberg v. Carhart - Lawrence v. Texas - Sodomy - Culture war - Bush v. Gore - Florida - Presidential election of 2000 - George W. Bush - U.S. President

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2005 to present: The Roberts Court

Chief Justice John Roberts was confirmed by the Senate on September 29, 2005 and presided over the Court for the first time on October 3, 2005, the day the 2005-2006 session opened.

Related Topics:
John Roberts - September 29 - 2005 - October 3

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