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Supreme Court

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Title: Supreme Court


1
Supreme Court
  • Major Cases

2
The Marshall Court (1801-1835)
  • Chief Justice John Marshall
  • Major Court Cases
  • Marbury v. Madison (1803)
  • Fletcher v. Peck (1810)
  • Dartmouth College v. Woodward (1819)
  • McCulloch v. Maryland (1819)
  • Gibbons v. Ogden (1824)
  • Defining Characteristics
  • Establishment of Courts role in governmental
    process
  • Strong Court support for national powers
    (especially commerce) over states rights
  • Use of Opinions of the Court, rather than
    seriatim practice
  • Beginning of systematic reporting of Court
    opinions
  • Despite the importance of its opinions
    interpreting the Constitution, the business of
    the Court continues to involve private law issues
    (maritime, property, contracts)

3
Taney and Civil War Courts (1836-1888)
  • Chief Justices Roger Taney (1836-1864) Salmon
    Chase (1864-1873) Morrison Waite (1874-1888)
  • Major Court Cases
  • Munn v. Illinois (1877)
  • Defining Characteristics Continued assertion of
    federal power over states (with some
    accommodation for state police powers)
  • Growing North-South splits on the Court
  • Court showdowns with Congress at the set and
    conclusion of the Civil War
  • Growth of Courts caseload, with the majority of
    post-Civil War cases involving private law issues
    and war litigation
  • Congress fixes Court size at nine

4
Conservative Court Eras (1889-1937)
  • Chief Justices Melville Fuller (1888-1910)
    Edward White (1910-1921) William Howard Taft
    (1921-1930) Charles Evans Hughes (1930-1937)
  • Major Court Cases
  • Schenck v. United States (1919)
  • Gitlow v. New York (1925)
  • Debs v. United States (1919)
  • Schechter Poultry v. United States (1935)
  • United States v. Butler (1933)
  • Weeks v. United States (1914)
  • Defining Characteristics
  • But for a brief period reflecting progressivism,
    the Courts of this era tended to protect business
    interests over governmental police powers
  • Court sets civil rights policy of separate but
    equal
  • Congress relieves justices of circuit-riding duty
  • Congress, in 1925 Judiciary Act, gives Court
    greater discretion over its docket
  • Some important construction of Bill of Rights
    guarantees (protection after WW I)
  • Showdown with FDR over New Deal legislation
    Court continues to strike down New Deal leading
    the president to propose a Court-packing plan

5
The Roosevelt and World War II Court Eras
(1937-1953)
  • Chief Justices Charles Evans Hughes (1937-1941)
    Harlan Fiske Stone (1941-1946) Fred Vinson
    (1946-1953)
  • Major Court Cases
  • Betts v. Brady (1942)
  • Korematsu v. United States (1944)
  • Defining Characteristics
  • With the switch in time that saved the nine the
    Court begins to uphold federal regulations under
    the Commerce Clause, as well as state use of
    police powers
  • Expansion of rights and liberties, until WW II
    and ensuing cold war
  • Increases in nonconsensual behavior (dissents and
    concurrences) among the justices

6
The Warren Court Era (1953-1969)
  • Chief Justices Earl Warren
  • Major Court Cases
  • Yates v. United States (1957)
  • Baker v. Carr (1962)
  • New York Times Co. v. Sullivan (1964)
  • Mapp v. Ohio (1961)
  • Katz v. United States (1961)
  • Gideon v. Wainwright (1963)
  • Miranda v. Arizona (1966)
  • Abington v. Schempp (1963)
  • Tinker v. Des Moines (1969)
  • Defining Characteristics
  • Expansion of rights, liberties, and criminal
    justice
  • Establishment of the right to privacy
  • Emergence of Court as national policy maker
  • Continued increase in Courts docket, with steady
    growth in the number of in forma pauperis
    petitions
  • Growth in the percentage of constitutional cases
    on Courts plenary docket
  • First black (Thurgood Marshall) appointed to the
    Court

7
Republican Court Eras (1969-present)
  • Chief Justices Warren Burger (1969-1986)
    William Rehnquist (1986-2005) John Roberts
    (2005- )
  • Major Court Cases
  • Wallace v. Jaffree (1985)
  • Lapides v. Board of Regents of the University of
    Georgia (2002)
  • University of California Regents v. Bakke (1976)
  • New Jersey v. TLO (1984)
  • Hazelwood School District v. Kahlmeier (1988)
  • NY Times v. United States (1971)
  • United States v. Nixon (1974)
  • Roe v. Wade (1973)
  • United States v. Lopez (1995)
  • Texas v. Johnson (1989)
  • Bethel School District v. Fraser (1986)
  • Defining Characteristics
  • Attempts in some areas (e.g., criminal law) to
    limit or rescind Warren Court rulings
  • Expansion of womens rights, including right to
    abortion
  • Some attempt to increase state power
  • Legitimacy of limited affirmative action policies
  • Court increasingly called on to resolve
    intergovernmental disputes, involving separation
    of powers or the authority of one branch of
    government over another
  • Appointment of first woman (OConnor) to the
    Court
  • Rejected state-imposed term limits for members of
    Congress
  • Tightened standards for the creation of
    legislative districts designed to enhance
    minority representation

8
Questions
  • 1. What is the name of the case?
  • 2. What year was it decided?
  • 3. What circumstances triggered the dispute?
  • 4. What statute or action triggered the debate?
  • 5. What provision of the Constitution is at
    issue?
  • 6. What was the outcome?
  • 7. How did the majority reach their decision?
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