History of the Supreme Court of the United States
Encyclopedia
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
. The Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
is the only court specifically established by the Constitution of the United States, implemented in 1789; under the Judiciary Act of 1789
Judiciary Act of 1789
The United States Judiciary Act of 1789 was a landmark statute adopted on September 24, 1789 in the first session of the First United States Congress establishing the U.S. federal judiciary...
, 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 court convened for the first time on February 2, 1790.
The Jay, Rutledge, and Ellsworth Courts (1789–1801)
John Jay
John Jay was an American politician, statesman, revolutionary, diplomat, a Founding Father of the United States, and the first Chief Justice of the United States ....
, and the Court's first docketed case was Van Staphorst v. Maryland
Van Staphorst v. Maryland
Van Staphorst v. Maryland was the first case docketed with the United States Supreme Court. Although the court agreed to hear and decide the case, the suit was settled before oral arguments. Collet v. Collet was the first appellate case docketed with the court. West v...
(1791) and its first recorded decision was West v. Barnes
West v. Barnes
West v. Barnes, 2 U.S. 401 , was the first United States Supreme Court decision and the earliest case calling for oral argument. Van Staphorst v. Maryland was docketed prior to West v. Barnes but settled before the Court heard the case: West was argued on August 2, 1791 and decided on August 3,...
(1791). Perhaps the most controversial of the Supreme Court's early decisions was Chisholm v. Georgia
Chisholm v. Georgia
Chisholm v. Georgia, 2 U.S. 419 , is considered the first United States Supreme Court case of significance and impact. Given its date, there is little available legal precedent...
, 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
Eleventh Amendment to the United States Constitution
The Eleventh Amendment to the United States Constitution, which was passed by the Congress on March 4, 1794, and was ratified on February 7, 1795, deals with each state's sovereign immunity. This amendment was adopted in order to overrule the U.S. Supreme Court's decision in Chisholm v...
, which granted states immunity from certain types of lawsuits in federal courts. The Amendment was ratified in 1795.
Jay was succeeded as Chief Justice by John Rutledge
John Rutledge
John Rutledge was an American statesman and judge. He was the first Governor of South Carolina following the signing of the Declaration of Independence, the 31st overall...
, and then by Oliver Ellsworth
Oliver Ellsworth
Oliver Ellsworth was an American lawyer and politician, a revolutionary against British rule, a drafter of the United States Constitution, and the third Chief Justice of the United States. While at the Federal Convention, Ellsworth moved to strike the word National from the motion made by Edmund...
. No major cases came before the Supreme Court during this time.
The Marshall Court (1801–1835)
One of the most significant periods during the history of the Court was the tenure of Chief Justice John MarshallJohn Marshall
John Marshall was the Chief Justice of the United States whose court opinions helped lay the basis for American constitutional law and made the Supreme Court of the United States a coequal branch of government along with the legislative and executive branches...
(1801 to 1835). In the landmark case Marbury v. Madison
Marbury v. Madison
Marbury v. Madison, is a landmark case in United States law and in the history of law worldwide. It formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. It was also the first time in Western history a court invalidated a law by declaring...
(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
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
. The Marshall Court also made several important decisions relating to federalism
Federalism
Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...
. Marshall took a broad view of the powers of the federal government—in particular, the interstate commerce clause
Commerce Clause
The Commerce Clause is an enumerated power listed in the United States Constitution . The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to...
and the Necessary and Proper Clause. For instance, in McCulloch v. Maryland
McCulloch v. Maryland
McCulloch v. Maryland, , was a landmark decision by the Supreme Court of the United States. The state of Maryland had attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in 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
Gibbons v. Ogden
Gibbons v. Ogden, 22 U.S. 1 , was a landmark decision in which the Supreme Court of the United States held that the power to regulate interstate commerce was granted to Congress by the Commerce Clause of the United States Constitution. The case was argued by some of America's most admired and...
(1824), the Court found that the interstate commerce clause permitted Congress to regulate interstate navigation.
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
Martin v. Hunter's Lessee
Martin v. Hunter's Lessee, , was a landmark United States Supreme Court case decided on March 20, 1816. It was the first case to assert ultimate Supreme Court authority over state courts in matters of federal law.-Background:...
(1816) and Cohens v. Virginia
Cohens v. Virginia
Cohens v. Virginia, , was a United States Supreme Court decision most noted for John Marshall and the Court's assertion of its power to review state supreme court decisions in criminal law matters when the plaintiff claims that their Constitutional rights have been violated...
(1821). In several decisions, the Marshall Court confirmed the supremacy of federal laws over state laws. For example, in McCulloch
McCulloch v. Maryland
McCulloch v. Maryland, , was a landmark decision by the Supreme Court of the United States. The state of Maryland had attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in 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
Barron v. Baltimore
Barron v. Mayor of Baltimore, 32 U.S. 243 established a precedent on whether the United States Bill of Rights could be applied to state governments.John Barron co-owned a profitable wharf in the Baltimore harbor...
(1833) that the Bill of Rights
United States Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...
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
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
had the effect of applying most provisions of the Bill of Rights to the states.
Marshall's forceful personality allowed him to steer his fellow Justices; only once did he find himself on the losing side in a constitutional case. In that case (Ogden v. Saunders
Ogden v. Saunders
Ogden v. Saunders, 25 U.S. 213 , was a United States Supreme Court case that determined the scope of a bankruptcy law in contrast to a clause of the Constitution of the United States...
in 1827), Marshall set forth his general principles of constitutional interpretation:
Marshall was in the dissenting minority only eight times throughout his tenure at the Court, partly because of his influence over the associate justices. As Oliver Wolcott observed when both he and Marshall served in the Adams administration, Marshall had the knack of "putting his own ideas into the minds of others, unconsciously to them". However, he regularly curbed his own viewpoints, preferring to arrive at decisions by consensus. He adjusted his role to accommodate other members of the court as they developed.
Marshall had charm, humor, a quick intelligence, and the ability to bring men together. His sincerity and presence commanded attention. His opinions were workmanlike but not especially eloquent or subtle. His influence on learned men of the law came from the charismatic force of his personality, and his ability to seize upon the key elements of a case and make highly persuasive arguments. Together with his vision of the future greatness of the nation, these qualities are apparent in his historic decisions and gave him the sobriquet, The Great Chief Justice.
Marshall ran a congenial court; there was seldom any bickering. The Court met in Washington only two months a year, from the first Monday in February through the second or third week in March. Six months of the year the justices were doing circuit duty in the various states. Marshall was therefore based in Richmond, his hometown, for most of the year. When the Court was in session in Washington, the justices boarded together in the same rooming house, avoided outside socializing, and discussed each case intently among themselves. Decisions were quickly made usually in a matter of days. Marshall wrote nearly half the decisions during his 33 years in office. Lawyers appearing before the court, including the most brilliant in the United States, typically gave oral arguments and did not present written briefs. The justices did not have clerks, so they listened closely to the oral arguments, and decided among themselves what the decision should be. The court issued only one decision; the occasional dissenter did not issue a separate opinion..
While Marshall was very good at listening to the oral briefs, and convincing the other justices of his interpretation of the law, he was not widely read in the law, and seldom cited precedents. After the Court came to a decision, he would usually write it up himself. Often he asked Justice Story
Joseph Story
Joseph Story was an American lawyer and jurist who served on the Supreme Court of the United States from 1811 to 1845. He is most remembered today for his opinions in Martin v. Hunter's Lessee and The Amistad, along with his magisterial Commentaries on the Constitution of the United States, first...
, a renowned legal scholar, to do the chores of locating the precedents, saying, "There, Story; that is the law of this case; now go and find the authorities."
The Taney Court (1836–1864)
In 1836, Marshall was succeeded as Chief Justice by Roger B. TaneyRoger B. Taney
Roger Brooke Taney was the fifth Chief Justice of the United States, holding that office from 1836 until his death in 1864. He was the first Roman Catholic to hold that office or sit on the Supreme Court of the United States. He was also the eleventh United States Attorney General. He is most...
, 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
Dred Scott v. Sandford
Dred Scott v. Sandford, , also known as the Dred Scott Decision, was a ruling by the U.S. Supreme Court that people of African descent brought into the United States and held as slaves were not protected by the Constitution and could never be U.S...
(1857). Dred Scott
Dred Scott
Dred Scott , was an African-American slave in the United States who unsuccessfully sued for his freedom and that of his wife and their two daughters in the Dred Scott v...
, a slave from Missouri
Missouri
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...
, sued for his freedom on the grounds that his master had taken him into Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
and the territory of Wisconsin
Wisconsin
Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...
, 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
Missouri Compromise
The Missouri Compromise was an agreement passed in 1820 between the pro-slavery and anti-slavery factions in the United States Congress, involving primarily the regulation of slavery in the western territories. It prohibited slavery in the former Louisiana Territory north of the parallel 36°30'...
, under which Congress prohibited slavery in certain territories that formed part of the Louisiana Purchase
Louisiana Purchase
The Louisiana Purchase was the acquisition by the United States of America of of France's claim to the territory of Louisiana in 1803. The U.S...
, was unconstitutional. The controversial decision met with vigorous opposition from abolitionists
Abolitionism
Abolitionism is a movement to end slavery.In western Europe and the Americas abolitionism was a movement to end the slave trade and set slaves free. At the behest of Dominican priest Bartolomé de las Casas who was shocked at the treatment of natives in the New World, Spain enacted the first...
, and contributed to the tensions that led to the Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
during the next decade. The Civil War culminated in a victory for the Union and in the abolition of slavery (see the Thirteenth Amendment
Thirteenth Amendment to the United States Constitution
The Thirteenth Amendment to the United States Constitution officially abolished and continues to prohibit slavery and involuntary servitude, except as punishment for a crime. It was passed by the Senate on April 8, 1864, passed by the House on January 31, 1865, and adopted on December 6, 1865. On...
).
The Chase, Waite, and Fuller Courts (1864–1910)
Abraham Lincoln
Abraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through a great constitutional, military and moral crisis – the American Civil War – preserving the Union, while ending slavery, and...
appointed Salmon P. Chase
Salmon P. Chase
Salmon Portland Chase was an American politician and jurist who served as U.S. Senator from Ohio and the 23rd Governor of Ohio; as U.S. Treasury Secretary under President Abraham Lincoln; and as the sixth Chief Justice of the United States Supreme Court.Chase was one of the most prominent members...
to be Chief Justice. Chase had strong anti-slavery credentials and had previously served Lincoln as Secretary of the Treasury. His post-Civil War tenure featured several key decisions affirming the indestructibility of the Union. Chase was considered highly ambitious, even for a politician. In 1872, Chase, while serving on the Supreme Court, ran for the Presidency, but his efforts were ultimately unsuccessful. Chase continued to serve as Chief Justice until his death in 1873.
In the aftermath of the Civil War Congress passed and the states ratified the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
, 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
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the 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
Civil Rights Cases
The Civil Rights Cases, 109 U.S. 3 , were a group of five similar cases consolidated into one issue for the United States Supreme Court to review...
(1883), the Court under Chief Justice Morrison Waite
Morrison Waite
Morrison Remick Waite, nicknamed "Mott" was the seventh Chief Justice of the United States from 1874 to 1888.-Early life and education:...
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
Plessy v. Ferguson
Plessy v. Ferguson, 163 U.S. 537 , is a landmark United States Supreme Court decision in the jurisprudence of the United States, upholding the constitutionality of state laws requiring racial segregation in private businesses , under the doctrine of "separate but equal".The decision was handed...
(1896), the Court under Chief Justice Melville Fuller
Melville Fuller
Melville Weston Fuller was the eighth Chief Justice of the United States between 1888 and 1910.-Early life and education:...
determined that the equal protection clause did not prohibit racial segregation
Racial segregation
Racial segregation is the separation of humans into racial groups in daily life. It may apply to activities such as eating in a restaurant, drinking from a water fountain, using a public toilet, attending school, going to the movies, or in the rental or purchase of a home...
in public facilities, as long as the facilities were equal (giving rise to the infamous term "separate but equal
Separate but equal
Separate but equal was a legal doctrine in United States constitutional law that justified systems of segregation. Under this doctrine, services, facilities and public accommodations were allowed to be separated by race, on the condition that the quality of each group's public facilities was to...
"). The sole dissenter in that case was John Marshall Harlan
John Marshall Harlan
John Marshall Harlan was a Kentucky lawyer and politician who served as an associate justice on the Supreme Court. He is most notable as the lone dissenter in the Civil Rights Cases , and Plessy v...
.
The White and Taft courts (1910–1930)
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 YorkLochner v. New York
Lochner vs. New York, , was a landmark United States Supreme Court case that held a "liberty of contract" was implicit in the due process clause of the Fourteenth Amendment. The case involved a New York law that limited the number of hours that a baker could work each day to ten, and limited the...
(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
Adair v. United States
Adair v. United States, , is a United States Supreme Court case which upheld "yellow-dog" contracts that forbade workers from joining labor unions. The decision reaffirmed the doctrine of freedom of contract which was first recognized by the Court in Allgeyer v. Louisiana...
(1908), the Court overruled a federal law which forbade "yellow dog contracts" (contracts that prohibited workers from joining unions). Adkins v. Children's Hospital
Adkins v. Children's Hospital
Adkins v. Children's Hospital, , is a Supreme Court opinion holding that federal minimum wage legislation for women was an unconstitutional infringement of liberty of contract, as protected by the due process clause of the Fifth Amendment....
(1923) involved a decision that a District of Columbia minimum wage law was unconstitutional.
In 1925, the Supreme Court made a landmark ruling in Gitlow v. New York
Gitlow v. New York
Gitlow v. New York, , was a decision by the United States Supreme Court, which ruled that the Fourteenth Amendment to the United States Constitution had extended the reach of certain provisions of the First Amendment—specifically the provisions protecting freedom of speech and freedom of the...
, establishing the doctrine of incorporation
Incorporation (Bill of Rights)
The incorporation of the Bill of Rights is the process by which American courts have applied portions of the U.S. Bill of Rights to the states. Prior to the 1890s, the Bill of Rights was held only to apply to the federal government...
, 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
Barron v. Baltimore
Barron v. Mayor of Baltimore, 32 U.S. 243 established a precedent on whether the United States Bill of Rights could be applied to state governments.John Barron co-owned a profitable wharf in the Baltimore harbor...
(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 some (but not all) 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.
The Hughes, Stone, and Vinson courts (1930—1953)
Four Horsemen (Supreme Court)
The "Four Horsemen" was the nickname given by the press to four conservative members of the United States Supreme Court during the 1932–1937 terms, who opposed the New Deal agenda of President Franklin Roosevelt. They were Justices Pierce Butler, James Clark McReynolds, George Sutherland,...
," were James McReynolds
James Clark McReynolds
James Clark McReynolds was an American lawyer and judge who served as United States Attorney General under President Woodrow Wilson and as an Associate Justice of the United States Supreme Court...
, George Sutherland
George Sutherland
Alexander George Sutherland was an English-born U.S. jurist and political figure. One of four appointments to the Supreme Court by President Warren G. Harding, he served as an Associate Justice of the U.S...
, Willis Van Devanter
Willis Van Devanter
Willis Van Devanter was an Associate Justice of the United States Supreme Court, January 3, 1911 to June 2, 1937.- Early life and career :...
and Pierce Butler
Pierce Butler (justice)
Pierce Butler was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1923 until his death in 1939...
. Their liberal opponents on the bench—Louis Brandeis
Louis Brandeis
Louis Dembitz Brandeis ; November 13, 1856 – October 5, 1941) was an Associate Justice on the Supreme Court of the United States from 1916 to 1939.He was born in Louisville, Kentucky, to Jewish immigrant parents who raised him in a secular mode...
, Benjamin Cardozo and Harlan Stone—were conversely known "The Three Musketeers
The Three Musketeers (Supreme Court)
The "Three Musketeers" was the nickname given to three liberal members during the 1932-1937 terms of the United States Supreme Court, who generally supported the New Deal agenda of President Franklin Delano Roosevelt. They were Justices Louis Brandeis, Benjamin N. Cardozo, and Harlan Fiske Stone...
", while Chief Justice Charles Evans Hughes
Charles Evans Hughes
Charles Evans Hughes, Sr. was an American statesman, lawyer and Republican politician from New York. He served as the 36th Governor of New York , Associate Justice of the Supreme Court of the United States , United States Secretary of State , a judge on the Court of International Justice , and...
and Justice Owen Roberts controlled the balance by serving as the swing votes. Hughes, as a progressive Republican, tended to side with the Four Horsemen, as he did in Schechter Poultry Corporation v. United States, whilst Roberts was also swayed to the side of the conservatives.
As a result, The Court continued to enforce a Federal laissez-faire
Laissez-faire
In economics, laissez-faire describes an environment in which transactions between private parties are free from state intervention, including restrictive regulations, taxes, tariffs and enforced monopolies....
approach, overturning many of President Franklin D. Roosevelt
Franklin D. Roosevelt
Franklin Delano Roosevelt , also known by his initials, FDR, was the 32nd President of the United States and a central figure in world events during the mid-20th century, leading the United States during a time of worldwide economic crisis and world war...
's New Deal
New Deal
The New Deal was a series of economic programs implemented in the United States between 1933 and 1936. They were passed by the U.S. Congress during the first term of President Franklin D. Roosevelt. The programs were Roosevelt's responses to the Great Depression, and focused on what historians call...
programs, which were designed to combat the Great Depression
Great Depression
The Great Depression was a severe worldwide economic depression in the decade preceding World War II. The timing of the Great Depression varied across nations, but in most countries it started in about 1929 and lasted until the late 1930s or early 1940s...
, by 5–4 margins. Most notably, the National Industrial Recovery Act
National Industrial Recovery Act
The National Industrial Recovery Act , officially known as the Act of June 16, 1933 The National Industrial Recovery Act (NIRA), officially known as the Act of June 16, 1933 The National Industrial Recovery Act (NIRA), officially known as the Act of June 16, 1933 (Ch. 90, 48 Stat. 195, formerly...
was overturned in Schechter Poultry Corp. v. United States
Schechter Poultry Corp. v. United States
A.L.A. Schechter Poultry Corp. v. United States, 295 U.S. 495 , was a decision by the Supreme Court of the United States that invalidated regulations of the poultry industry according to the nondelegation doctrine and as an invalid use of Congress's power under the commerce clause...
(1935), and the Agricultural Adjustment Act
Agricultural Adjustment Act
The Agricultural Adjustment Act was a United States federal law of the New Deal era which restricted agricultural production by paying farmers subsidies not to plant part of their land and to kill off excess livestock...
was struck down in United States v. Butler
United States v. Butler
United States v. Butler, , was a case in which the Supreme Court of the United States ruled that the processing taxes instituted under the 1933 Agricultural Adjustment Act were unconstitutional...
(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 Roosevelt's own Vice President John Nance Garner
John Nance Garner
John Nance Garner, IV , was the 32nd Vice President of the United States and the 44th Speaker of the United States House of Representatives .- Early life and family :...
, and was defeated in Congress.
Soon after the proposal of the court-packing plan, however, the Supreme Court ended the trend that had prevailed since Lochner. Justice 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
Lochner era
The Lochner era is a period in American legal history in which the Supreme Court of the United States tended to strike down laws held to be infringing on economic liberty or private contract rights, and takes its name from a 1905 case, Lochner v. New York. The beginning of the period is usually...
and has been dubbed the "switch in time that saved nine
The switch in time that saved nine
“The switch in time that saved nine” is the name given to what was perceived as the sudden jurisprudential shift by Associate Justice Owen J. Roberts of the U.S. Supreme Court in West Coast Hotel Co. v. Parrish...
." As the Horsemen retired, Roosevelt, the longest-serving President in history, availed repeatedly of opportunity to replace them with more liberal Justices. After Hughes retired, Stone—The last remaining "Musketeer"—was appointed by Roosevelt to be elevated to the position of Chief Justice. In 1945, eight of the nine sitting Justices had been appointed by President Roosevelt, the sole exception being Owen Roberts.
The Warren Court (1953–1969)
In 1953, President Dwight David Eisenhower appointed Earl WarrenEarl Warren
Earl Warren was the 14th Chief Justice of the United States.He is known for the sweeping decisions of the Warren Court, which ended school segregation and transformed many areas of American law, especially regarding the rights of the accused, ending public-school-sponsored prayer, and requiring...
, who was then governor of California, to the position of Chief Justice. Warren's term, 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
Hugo Black
Hugo Lafayette Black was an American politician and jurist. A member of the Democratic Party, Black represented Alabama in the United States Senate from 1927 to 1937, and served as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. Black was nominated to the Supreme...
, William O. Douglas
William O. Douglas
William Orville Douglas was an Associate Justice of the United States Supreme Court. With a term lasting 36 years and 209 days, he is the longest-serving justice in the history of the Supreme Court...
(the longest-serving Justice in the Court's history) and William J. Brennan. The foremost conservative members of the Court were Felix Frankfurter
Felix Frankfurter
Felix Frankfurter was an Associate Justice of the United States Supreme Court.-Early life:Frankfurter was born into a Jewish family on November 15, 1882, in Vienna, Austria, then part of the Austro-Hungarian Empire in Europe. He was the third of six children of Leopold and Emma Frankfurter...
and John Marshall Harlan II
John Marshall Harlan II
John Marshall Harlan was an American jurist who served as an Associate Justice of the Supreme Court from 1955 to 1971. His namesake was his grandfather John Marshall Harlan, another associate justice who served from 1877 to 1911.Harlan was a student at Upper Canada College and Appleby College and...
(grandson of the first Justice Harlan). The first important case of Warren's tenure was Brown v. Board of Education
Brown v. Board of Education
Brown v. Board of Education of Topeka, 347 U.S. 483 , was a landmark decision of the United States Supreme Court that declared state laws establishing separate public schools for black and white students unconstitutional. The decision overturned the Plessy v. Ferguson decision of 1896 which...
(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.
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
Engel v. Vitale
Engel v. Vitale, 370 U.S. 421 , was a landmark United States Supreme Court case that determined that it is unconstitutional for state officials to compose an official school prayer and require its recitation in public schools....
(1962), the Court declared that officially sanctioned prayer in public schools was unconstitutional under the First Amendment. Similarly, in Abington School District v. Schempp
Abington School District v. Schempp
Abington Township School District v. Schempp , 374 U.S. 203 , was a United States Supreme Court case argued on February 27–28, 1963 and decided on June 17, 1963...
(1963), it struck down mandatory Bible
Bible
The Bible refers to any one of the collections of the primary religious texts of Judaism and Christianity. There is no common version of the Bible, as the individual books , their contents and their order vary among denominations...
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
Mapp v. Ohio
Mapp v. Ohio, , was a landmark case in criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in criminal prosecutions in state courts, as well as...
(1961), the Court incorporated the Fourth Amendment and ruled that illegally seized evidence could not be used in a trial. Gideon v. Wainwright
Gideon v. Wainwright
Gideon v. Wainwright, , is a landmark case in United States Supreme Court history. In the case, the Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants who are unable to afford their own...
(1963) established that states were required to provide attorneys to indigent defendants. Miranda v. Arizona
Miranda v. Arizona
Miranda v. Arizona, , was a landmark 5–4 decision of the United States Supreme Court. The Court held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant...
(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
Miranda warning
The Miranda warning is a warning given by police in the United States to criminal suspects in police custody before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings. In Miranda v...
.) Another significant and controversial decision made by the Warren Court was Griswold v. Connecticut
Griswold v. Connecticut
Griswold v. Connecticut, , was a landmark case in which the Supreme Court of the United States ruled that the Constitution protected a right to privacy. The case involved a Connecticut law that prohibited the use of contraceptives...
(1965), which established that the Constitution protected the right to privacy.
The Burger Court (1969–1986)
Chief Justice Earl Warren was succeeded by Warren E. BurgerWarren E. Burger
Warren Earl Burger was the 15th Chief Justice of the United States from 1969 to 1986. Although Burger had conservative leanings, the U.S...
, who served from 1969 to 1986. The Burger Court is best remembered for its ruling in Roe v. Wade
Roe v. Wade
Roe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...
(1973), which held that there is a constitutionally protected right to have an abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
in some circumstances. The Court also made important decisions relating to the First Amendment. In Lemon v. Kurtzman
Lemon v. Kurtzman
Lemon v. Kurtzman, 403 U.S. 602 , was a case in which the Supreme Court of the United States ruled that Pennsylvania's 1968 Nonpublic Elementary and Secondary Education Act, which allowed the state Superintendent of Public Instruction to reimburse nonpublic schools for the salaries of teachers who...
(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
Miller v. California
Miller v. California, was an important United States Supreme Court case involving what constitutes unprotected obscenity for First Amendment purposes...
(1973).
Other rulings include Landmark Communications v. Virginia
Landmark Communications v. Virginia
Landmark Communications v. Virginia, 435 U.S. 829 , was a United States Supreme Court case that was argued on January 11, 1978 and decided on May 1, 1978.-Holding:...
in which the court ruled for fining a newspaper for revealing the identity of a judge under investigation by state commissioner H. Warrington Sharp. The Burger Court also established a moratorium on capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
in Furman v. Georgia
Furman v. Georgia
Furman v. Georgia, was a United States Supreme Court decision that ruled on the requirement for a degree of consistency in the application of the death penalty. The case led to a de facto moratorium on capital punishment throughout the United States, which came to an end when Gregg v. Georgia was...
(1972), holding that states generally awarded death sentences arbitrarily and inconsistently. The moratorium, however, was lifted four years later in Gregg v. Georgia
Gregg v. Georgia
Gregg v. Georgia, Proffitt v. Florida, Jurek v. Texas, Woodson v. North Carolina, and Roberts v. Louisiana, 428 U.S. 153 , reaffirmed the United States Supreme Court's acceptance of the use of the death penalty in the United States, upholding, in particular, the death sentence imposed on Troy Leon...
(1976). Also in United States v. Nixon
United States v. Nixon
United States v. Nixon, , was a landmark United States Supreme Court decision. It was a unanimous 8-0 ruling involving President Richard Nixon and was important to the late stages of the Watergate scandal. It is considered a crucial precedent limiting the power of any U.S. president.Chief Justice...
(1974), the court ruled that the courts have the final voice in determining constitutional questions and that no person, not even the President of the United States
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
, is completely above law.
The Rehnquist Court (1986–2005)
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
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
United States v. Lopez
United States v. Alfonso Lopez, Jr., was the first United States Supreme Court case since the New Deal to set limits to Congress's power under the Commerce Clause of the United States Constitution.-Background:...
(1995). The Court made numerous controversial decisions, including Texas v. Johnson
Texas v. Johnson
Texas v. Johnson, , was an important decision by the Supreme Court of the United States that invalidated prohibitions on desecrating the American flag enforced in 48 of the 50 states. Justice William Brennan wrote for a five-justice majority in holding that the defendant's act of flag burning was...
(1989), which declared that flag burning was a form of speech protected by the First Amendment; Lee v. Weisman
Lee v. Weisman
Lee v. Weisman, 505 U.S. 577 , was a United States Supreme Court decision regarding school prayer. It was the first major school prayer case decided by the Rehnquist Court. It involved prayers led by religious authority figures at public school graduation ceremonies...
(1992), which declared officially-sanctioned, student-led school prayers unconstitutional; Stenberg v. Carhart
Stenberg v. Carhart
Stenberg v. Carhart, 530 U.S. 914 , is a case heard by the Supreme Court of the United States dealing with a Nebraska law which made performing partial-birth abortion illegal, except where necessary to save the life of the mother. Nebraska physicians who performed the procedure contrary to the law...
(2000), which voided laws prohibiting late-term abortions; and Lawrence v. Texas
Lawrence v. Texas
Lawrence v. Texas, 539 U.S. 558 , is a landmark United States Supreme Court case. In the 6-3 ruling, the Court struck down the sodomy law in Texas and, by proxy, invalidated sodomy laws in the thirteen other states where they remained in existence, thereby making same-sex sexual activity legal in...
(2003), which struck down laws prohibiting sodomy
Sodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
. (Some commentators see these decisions as part of the "culture war
Culture war
The culture war in American usage is a metaphor used to claim that political conflict is based on sets of conflicting cultural values. The term frequently implies a conflict between those values considered traditionalist or conservative and those considered progressive or liberal...
s.") Another controversial decision of the Rehnquist court in 2003 was Grutter v. Bollinger
Grutter v. Bollinger
Grutter v. Bollinger, 539 U.S. 306 , was a case in which the United States Supreme Court upheld the affirmative action admissions policy of the University of Michigan Law School...
which upheld affirmative action. Perhaps the most controversial decision made by the Court came in Bush v. Gore
Bush v. Gore
Bush v. Gore, , is the landmark United States Supreme Court decision on December 12, 2000, that effectively resolved the 2000 presidential election in favor of George W. Bush. Only eight days earlier, the United States Supreme Court had unanimously decided the closely related case of Bush v...
(2000), which ended election recounts in Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
following the presidential election of 2000, allowing George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
to become the forty-third U.S. President.
Rehnquist led a remarkably stable Court - for the eleven years preceding Rehnquist's death, the composition of the Court remained unchanged - the longest such stretch in over 180 years.
O'Connor's retirement
On July 1, 2005, Justice O'Connor announced that she would retire from the Supreme Court upon the confirmation of her successor. President Bush originally nominated United States Court of Appeals for the D.C. Circuit Judge John G. Roberts to replace O'Connor on July 19, 2005. However, following the death of Chief Justice Rehnquist on September 3, Bush re-nominated Roberts as the new Chief Justice. The President subsequently nominated White House CounselWhite House Counsel
The White House Counsel is a staff appointee of the President of the United States.-Role:The Counsel's role is to advise the President on all legal issues concerning the President and the White House...
Harriet Miers
Harriet Miers
Harriet Ellan Miers is an American lawyer and former White House Counsel. In 2005, she was nominated by President George W. Bush to be an Associate Justice of the U.S...
to replace Justice O'Connor on October 3, 2005, but Miers withdrew her nomination on October 27, 2005 after controversy arose
Harriet Miers Supreme Court nomination
On October 3, 2005, Harriet Miers was nominated for Associate Justice of the U.S. Supreme Court by President George W. Bush to replace retiring Associate Justice Sandra Day O'Connor...
ostensibly from a Congressional request into notes about her role as White House Counsel. On October 31, 2005, President Bush nominated United States Court of Appeals for the Third Circuit
United States Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey...
Judge Samuel Alito
Samuel Alito
Samuel Anthony Alito, Jr. is an Associate Justice of the U.S. Supreme Court. He was nominated by President George W. Bush and has served on the court since January 31, 2006....
to replace Justice O'Connor. On January 24, 2006, the Senate Judiciary Committee sent the nomination of Alito to the 100-member Senate. On January 31, 2006, the Senate confirmed Alito, 58-42, at which point O'Connor's retirement became effective.
The Roberts Court (2005–)
Chief Justice John G. Roberts was confirmed by the United States SenateUnited States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on September 29, 2005 and presided over the Court for the first time on October 3, 2005, the day the 2005–2006 session opened. On October 31, President Bush announced that he was nominating Samuel Alito to O'Connor's seat, and he submitted the nomination to the Senate on November 10, 2005. Under Roberts the Court has drifted primarily to the right in areas like free speech (Garcetti v. Ceballos
Garcetti v. Ceballos
Garcetti v. Ceballos, 547 U.S. 410 , is a decision by the Supreme Court of the United States involving the First Amendment free speech protections for government employees. The plaintiff in the case was a district attorney who claimed that he had been passed up for a promotion for criticizing the...
), the death penalty (Kansas v. Marsh
Kansas v. Marsh
Kansas v. Marsh, 548 U.S. 163 , is a case decided by the United States Supreme Court. The Court held that a Kansas death penalty statute was consistent with the U.S...
), abortion (Gonzales v. Carhart
Gonzales v. Carhart
Gonzales v. Carhart, 550 U.S. 124 , is a United States Supreme Court case that upheld the Partial-Birth Abortion Ban Act of 2003. The case reached the high court after U.S. Attorney General Alberto Gonzales appealed a ruling of the United States Court of Appeals for the Eighth Circuit in favor of...
), the right to privacy (Hudson v. Michigan
Hudson v. Michigan
Hudson v. Michigan, 547 U. S. 586 , is a decision of the United States Supreme Court holding that a violation of the Fourth Amendment requirement that police officers knock, announce their presence, and wait a reasonable amount of time before entering a private residence does not require...
), and campaign finance (Citizens United v. Federal Election Commission
Citizens United v. Federal Election Commission
Citizens United v. Federal Election Commission, , was a landmark decision by the United States Supreme Court holding that the First Amendment prohibits government from censoring political broadcasts in candidate elections when those broadcasts are funded by corporations or unions...
). On November 20, 2007, the Court agreed to hear a case, District of Columbia v. Heller
District of Columbia v. Heller
District of Columbia v. Heller, 554 U.S. 570 , was a landmark case in which the Supreme Court of the United States held that the Second Amendment to the United States Constitution protects an individual's right to possess a firearm for traditionally lawful purposes in federal enclaves, such as...
, that was regarded as the first important and historically significant constitutional decision on the Second Amendment to the Constitution's Bill of Rights since 1875. On March 18, 2008 the Supreme Court heard arguments concerning the constitutionality of a District of Columbia
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
ban on handguns. On June 26, 2008 the Supreme Court ruled that "The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home."
On August 8, 2009, Sonia Sotomayor
Sonia Sotomayor
Sonia Maria Sotomayor is an Associate Justice of the Supreme Court of the United States, serving since August 2009. Sotomayor is the Court's 111th justice, its first Hispanic justice, and its third female justice....
became the first Hispanic-American to serve on the Supreme Court after being nominated by Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
and confirmed by the Senate to replace the retiring Justice David Souter
David Souter
David Hackett Souter is a former Associate Justice of the Supreme Court of the United States. He served from 1990 until his retirement on June 29, 2009. Appointed by President George H. W. Bush to fill the seat vacated by William J...
. On May 10, 2010, President Obama nominated Elena Kagan
Elena Kagan
Elena Kagan is an Associate Justice of the Supreme Court of the United States, serving since August 7, 2010. Kagan is the Court's 112th justice and fourth female justice....
to replace retiring Justice John Paul Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
. She was confirmed on August 7, 2010. This marks the first time in the history of the Court that three women are serving as justices and that no Protestants are serving (instead, there are six Roman Catholics and three Jews).