Supreme Court
Warren Court – 1953-69
“Judicial Activism” - The process where the courts “make” law instead of “interpret” law. The term
is linked to “loose” constructionism; taking great liberties with the constitution. Another
implication of “judicial activism” is that judges are instituting their own political values, not ruling
on precedent or law. Perhaps the best example of this is the court case Roe vs. Wade. The court
ruled that abortion was a “privacy” issue. This concept is not found in the constitution.
The following generalizations can be made about the Warren court:
1. Expansion of criminal rights or rights of the accused
2. Strengthened church-state separation
3. Instituted democratic reforms
4. Most liberal, Activist
Cases
1. Gideon v. Wainwright (1963)
2. Escobedo v. Illinois (1964)
3. Miranda v. Arizona (1966) – Civil Liberties
4. Engle v. Vitale (1962)
5. Baker v. Carr (1962)
6. Brown v. Board of Education (1954) – Civil Rights
Burger Court Cases
1. Roe v. Wade (1973)
2. Bakke v. UC California (1978)
Marshall Court 1801 – 1835
The Marshall Court: 1) expands Federal power at the expense of states
2) expands the power of the judicial branch at the expense of the
legislative and Executive
Cases
1. Marbury v. Madison (1803)
2. McCulloch v. Maryland (1819)
3. Cohens v. Virginia (1821)
4. Gibbons v. Ogden (1824)
5. Fletcher v. Peck (1810)
6. Dartmouth College v. Woodward (1819)
Other 19th Century Court Cases
1. Charles River Bridge case
2. Commonwealth v. Hunt (1842)
3. Dred Scott (1857)
4. Ex parte Milligan (1866)
5. Munn v. Illinois (1877)
6. Wabash Case (1866)
7. Plessy v. Ferguson (1896)
Courts and the New Deal
Initially, the court was unsympathetic to the New Deal. The court believed that Roosevelt was
exercising power that the Constitution did not grant. As a response, FDR attempts to “Pack” the
Court in 1937. It is rejected. Yet, he does get his appointments through deaths on the court.
Cases
1. Schecter case (1935)
2. Butler v. U.S.
Civil Liberties
A. Bill of Rights (1791) – First 10 Amendments to the Constitution
B. 14th Amendment – “federalized” the Bill of Rights, now applied to state governments
C. Three in original constitution
a. Bill of attainder – congress could not convict
b. Habeas corpus – can’t detain without charging them with a crime
c. Ex post facto laws – convicting of a law passed after the act
Supreme Court and Civil War
1. Powerless
Supreme Court and Gilded Age
1. Not much, Pro-business, Plessy v. Ferguson
Progressivism
1. Upheld some anti-trust cases
Supreme Court Cases
1. Marbury v. Madison – 1803 – Judicial Review
2. Fletcher v. Peck – 1810 – Overrode state law, sanctity of contracts
3. Dartmouth College v. Woodward – 1819 – upheld contract over state
4. McCulloch v. Maryland – 1819 – Bank of US constitutional
5. Gibbons v. Ogden – 1824 – Interstate commerce
6. Cherokee Nation v. Georgia – 1831 – Tribes a separate nation, Jackson defies
7. Commonwealth v. Hunt – 1842 – Mass. Decision legalizing labor
8. Dred Scott v. Sanford – 1857 – Slavery and citizenship
9. Ex Parte Merryman – 1861 – Taney criticizes Lincoln for suspending Habeas Corpus
10. Ex Parte Mulligan – 1866 – Civilian courts must be used when available
11. Munn v. Illinois – 1877 – Granger Law, states can regulate business
12. Wabash R.R. v. Illinois – 1886 – states could only regulate intrastate commerce
13. Plessy v. Ferguson – 1896 – Separate but Equal
14. Northern Securities Case – 1904 – Broke up Trust of Morgan, Hill, Harriman
15. Schenck v. US – 1919 – “Clear and Present Danger” not all speech protected
16. Gitlow v. NY – 1925 – Free speech, 14th Amendment applies to states
17. Schecter Poultry Co v. US – 1935 – Declared NRA unconstitutional
18. US v. Butler – 1936 – AAA is unconstitutional
19. Sneaat v. Painter – 1950 – Ruled two colleges “unequal”
20. Brown v. Board of Education – 1954 – Separate is Unequal
21. Miranda v. Arizona – 1966 – Must be informed of Rights
22. Roe v. Wade – 1973 – Struck down state laws prohibiting abortions
23. Bakke v. Board of Regents – 1978 – reverse discrimination