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Federalist Papers
Hamilton predicted, as well as other founding fathers, in the federalist papers that the courts would play a pretty neutral/passive role in public affairs -
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National Supremacy and Slavery
The court was focused on the issues of nation building, the legitimacy of the federal government, and slavery.
The Court asserted the supremacy of federal government over state government. -
Constitution Ratified by Last State
In the Constitution the Founding Fathers set up the powers of the Judicial Branch in a way that judges would have the power of judicial review. It was not strictly stated in the Constitution, but many believe that some wording in the Constitution is vague in order to allow judicial review to happen. -
John Marshall
Chief Justice of the Supreme Court 1801-1835. He is the one who developed the principles of Constitutional interpretation. Established the right of the Court to declare acts of Congress unconstitutional. -
Marbury vs. Madison
Marbury vs. Madison is the first case where the Supreme Court declared a law made by Congress to be unconstitutional and that set a precedent for the continued operation of the Supreme Court. It also showed how apparently small cases can have large results. The power of the Court depends not simply on its constitutional authority, but on its acting in ways that avoid clear confrontation with other branches of government. How the climate of opinion affects how the Court goes about its task. -
McCulloch vs. Maryland
McCulloch vs. Maryland decided that federal law had precedent over state law.
There were many other rulings under Marshall that pointed to the federal government as supreme over the state governments. -
Roger B. Taney
Chief Justice of the Supreme Court from 1836-1864. He was an advocate of states rights. Decided the Dred Scott case. -
Dred Scott Case
Court held that blacks were not citizens of the United States and could not become so, and that the Missouri Compromise was unconstitutional. The court mistakenly assumed that they could treat this decision as a purely legal question. This was another motivator of the civil war. -
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Government and the Economy
The court was focused on the relationship between government and economy.
The Court placed important restrictions on the powers of the government.
The Court overturned economic legislature, but had so many cases that decisions did not support one another.
The Court was unsure how to draw lines that would distinguish reasonable from unreasonable regulation
The Court also upheld segregation in many public areas and that blacks couldn’t vote in many states. -
Owen J. Roberts
Supreme Court Justice 1930-1945 He originally opposed FDR's New Deal. He changed his position and as a result altered the Supreme Court's Ruling. This ruling marked a shift in The Court being focused on economic issues to civil and social issues -
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The Protection of Political Liberty and Economic Regulation
The Court is now focused on personal liberty, social equality, and the potential conflict of the two.
The Court has enlarged the scope of personal freedom and narrowed that of economic freedom.
The Court has overturned many civil/social laws, but has stayed out of economic legislation. -
Earl Warren
Chief Justice of the Supreme Court 1954-1969. Warren marked the start of the most activist period yet in the history of the Supreme Court. The activism was focused on the relationship between the public and the government, especially concerning ones rights and liberties. -
Brown vs. Board of Education
The Court decided that racially separate public schools are inherently unequal and thus unconstitutional. This reversed the separate-but-equal doctrine established in a case called Plessy vs. Ferguson in 1896. -
Miranda vs. Arizona
The Court decided that a confession would be presumed to be involuntary unless the person in custody was informed of their rights. The right to remain silent, the right to have an attorney present, and the right to have an attorney free of charge if the defendant is not abel to afford one. These are now sometimes called you Miranda Rights. -
Roe vs. Wade
The Court decided that state laws prohibiting abortion are unconstitutional, but in other cases decided that the state was allowed to put restrictions on abortion. Some of those restrictions include banning abortions in public hospitals, and underage women needing the consent of their parents before getting an abortion.
