Early Supreme Court Decisions
Although the Supreme Court is the most important judicial body in the world in
terms of the role it plays within the political order, no one could have predicted
this in 1787 when the Constitution was written. What the Constitution meant to
our forefathers, authors of the document, and what it has to come to mean now
has changed due to Supreme Court decisions. Many have felt throughout our
history that the Supreme Court has “reconstructed” the Constitution .
The rise in importance of the Supreme Court began with the 1801 appointment by
President John Adams of John Marshall, as Chief Justice. Among the most
important of Marshall's contributions to the power of the Supreme Court was his
establishment of the notion of a single "opinion of the Court" and his efforts,
usually successful, to discourage the expression of any dissent from this opinion.
Marshall's opinion in Marbury v. Madison (1803) is famous for exemplifying the
Court's power to invalidate even a congressional statute thought to violate the
Constitution. Even more important, however, were a number of decisions
upholding congressional power or limiting state power. Over the half century
following Marbury, the combination of the Court's upholding federal legislation
and invalidating state legislation that seemed offensive to one or another
constitutional principle -- usually the contract or commerce clause -- served to
bolster the power of the federal government and to limit state powers.
McCulloch v. Maryland (1819) upheld the power of Congress to charter the (2nd)
Bank of the United States although the Constitution contains no language
authorizing such an act. This lack of authorization had, when the 1st Bank of the
United States was chartered in 1791, led James Madison and many others to
oppose the act as unconstitutional. Moreover, the Court invalidated an attempt by
Maryland to tax the Bank, viewing such a tax as an impermissible attack on the
powers of the federal government. McCulloch illustrates the ability of the Supreme
Court to legitimatize the decisions made by other branches of government by
determining that they are "constitutional."
Scott vs Sanford (1856) determined the status of slaves throughout the United
States. The slavery clauses were over-ruled by the Thirteenth Amendment to the
Constitution and the Citizenship clauses were over-ruled by the Fourteenth
Amendment. The Dred Scott Decision drove the need for the Fourteenth
Amendment which made possible many of both states rights and civil rights
decisions later in our history.
terms of the role it plays within the political order, no one could have predicted
this in 1787 when the Constitution was written. What the Constitution meant to
our forefathers, authors of the document, and what it has to come to mean now
has changed due to Supreme Court decisions. Many have felt throughout our
history that the Supreme Court has “reconstructed” the Constitution .
The rise in importance of the Supreme Court began with the 1801 appointment by
President John Adams of John Marshall, as Chief Justice. Among the most
important of Marshall's contributions to the power of the Supreme Court was his
establishment of the notion of a single "opinion of the Court" and his efforts,
usually successful, to discourage the expression of any dissent from this opinion.
Marshall's opinion in Marbury v. Madison (1803) is famous for exemplifying the
Court's power to invalidate even a congressional statute thought to violate the
Constitution. Even more important, however, were a number of decisions
upholding congressional power or limiting state power. Over the half century
following Marbury, the combination of the Court's upholding federal legislation
and invalidating state legislation that seemed offensive to one or another
constitutional principle -- usually the contract or commerce clause -- served to
bolster the power of the federal government and to limit state powers.
McCulloch v. Maryland (1819) upheld the power of Congress to charter the (2nd)
Bank of the United States although the Constitution contains no language
authorizing such an act. This lack of authorization had, when the 1st Bank of the
United States was chartered in 1791, led James Madison and many others to
oppose the act as unconstitutional. Moreover, the Court invalidated an attempt by
Maryland to tax the Bank, viewing such a tax as an impermissible attack on the
powers of the federal government. McCulloch illustrates the ability of the Supreme
Court to legitimatize the decisions made by other branches of government by
determining that they are "constitutional."
Scott vs Sanford (1856) determined the status of slaves throughout the United
States. The slavery clauses were over-ruled by the Thirteenth Amendment to the
Constitution and the Citizenship clauses were over-ruled by the Fourteenth
Amendment. The Dred Scott Decision drove the need for the Fourteenth
Amendment which made possible many of both states rights and civil rights
decisions later in our history.