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The Early Court: The Least Dangerous Branch
Early Court: The Least Dangerous BranchEven though the Constitution was intended to centralize governmental authority more than existed under the Articles of Confederation, state authority, especially judicial authority, was much greater in 1789 than it is now. As a result, the status of the Supreme Court was uncertain for many years. The early years of the Court were characterized by resignations for other positions that today would be less desirable.….There were few significant decisions ren -
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Evolving Constitution
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Marshall Court: Expanding Federal Authority
Marshall Court: Expanding Federal AuthorityJohn Marshall was chief justice of the United States from 1801 to 1836. Nominated by President John Adams, he was a strong nationalist (Federalist). The Marshall Court is known for establishing the supremacy of the national government over the state governments. A number of important decisions were handed down by the Marshall Court, including Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803); McCulloch v. Maryland, 17 U.S. (4 Wheat) 316 (1819); and Mart -
Taney Court: States Rights
Taney Court: States RightsRoger Taney replaced John Marshall as chief justice of the United States in 1836. Between 1836 and 1843, four other justices were appointed: Philip Barbour, John Catron, John McKinley, and Peter Daniel. McKinley and Daniel filled two new seats, expanding the number of justices on the Court to nine…. During this era, the Court’s philosophy changed from strongly nationalist to one favoring states’ rights. The Taney Court was not activist; that is, it was not aggressive i -
Reconstruction Era: Federal Authority Expands
Reconstruction Era: Federal Authority ExpandsSalmon P. Chase became chief justice in 1865 and remained in that position until 1874. The Civil War had ended and the nation was rebuilding. The South had been defeated and slavery abolished. Most significant, the war proved that the states were not independent members of a league, but parts of a larger, more powerful nation. The nation’s political identity changed as a result of the war. People began to identify more closely with their national cit -
Pre–New Deal Era: Protecting Commercial Interests
Pre–New Deal Era: Protecting Commercial InterestsSalmon Chase was followed by Morrison Waite (1874–1888), Melville Fuller (1888–1910), Edward White (1910–1921), and William Taft (1921–1930) as chief justices. Again, the Court’s philosophy changed during the tenure of these men, at least regarding federalism issues. During this period, the Fourteenth Amendment was used to limit the power of the states to regulate intrastate commerce. For example, in Lochner v. New York, 198 U.S. 45 (1905), the C -
New Deal Era: Expanding Federal Authority
New Deal Era: Expanding Federal AuthorityThe next significant judicial era occurred during the Great Depression. President Franklin D. Roosevelt was elected with a popular mandate to correct the nation’s serious economic crisis. Roosevelt’s New Deal plan included significant federal government involvement in economic matters. A number of programs were created with the intention of stimulating the economy. Additionally, national governmental regulation of commercial activities increased during t -
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Evolving Constitution II
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McLaurin v. Oklahoma Board of Regents of Higher Education
University of Oklahoma admitted George McLaurin, an African American, to its doctoral program. However, it required him to sit apart from the rest of his class, eat at a separate time and table from white students, etc. the Court stated that the University’s actions concerning McLaurin were adversely affecting his ability to learn and ordered that they cease immediately. -
Warren Court: Expanding Individual Rights
Warren Court: Expanding Individual RightsIn 1953, Earl Warren, a nominee of President Eisenhower, became the new chief justice. Warren presided over a Court that is best known for its decisions protecting individual rights (civil liberties). Three other justices were prominent during this time for their “liberal” philosophies: William Douglas, William Brennan, and Hugo Black.In 1967, two years before the end of Warren’s tenure, another liberal justice, Thurgood Marshall, was added to the Court -
Brown v Board (347 U.S. 483),
The Court declared that "separate but equal" was not proper.
Segregation in education ended by court order -
Burger Court: A Moderate Approach
Burger Court: A Moderate ApproachWarren Burger was nominated by President Richard M. Nixon to follow Earl Warren as chief justice in 1969. President Nixon appointed three other justices, Harry Blackmun, Lewis Powell, and William Rehnquist, who were either conservative or moderate…Although the Burger Court was more conservative than the Warren Court, itwas not activist in its approach. Few decisions of the Warren Court were reversed;in fact, the early years of the Burger Court continued in th -
The Education for the Handicapped Act (EHA) (P.L. 94-142)
Guarantee a Free and Appropriate Public Education (FAPE) for all children with disabilities, ages 5-21 -
New Jersey v. T.L.O.
The Supreme Court ruled that students rights were not violated since students have reduced expectations of privacy in school. -
Rehnquist Court: Protecting States’ Rights
Rehnquist Court: Protecting States’ RightsWilliam Rehnquist was appointed associate justice of the Supreme Court in 1972, and he succeeded Warren Burger as chief justice in 1986…. the Court had a more conservative leaning during the Rehnquist tenure than during the Warren and Burger eras. This was particularly true for issues concerning economic and states’ rights. Some of the important federalism cases decided during Rehnquist’s term are United States v. Lopez, 115 S. Ct. 1624 (1995) and Morri -
No Child Left Behind
was a reauthorization of the Elementary and Secondary Education Act, the central federal law in pre-collegiate education.
