Supreme Court History Policy Makers

How has the Supreme Court developed? Courts intro How has the Supreme Court developed?

Really Old Courts Federal Courts

Courts Marshall Court Marshall Court It is not the first, but most important early Supreme Court It marks the first expansion of the role of the Supreme Court It’s decisions began the expansion of the role of the federal government

Courts Marshall Court Marshall Court Decisions Marbury V Madison Expanded the role of courts Gibbons V Ogden Expanded Congressional Power McCulloch V Maryland Expanded implied powers & the federal government’s power over states

Courts Taney Court Taney Court Had a much more limited view of federal power First court to overturn a federal govt policy since Marbury V Madison Dealt with sectional tensions leading up to the Civil War Often sided with state governments over the federal govt

Courts Taney Court Taney Court Decisions Dred Scott V Sanford Worst decision of all time! Ruled that descendants of African slaves could not be citizens This meant Dred Scott had no standing to sue Overturned previous federal govt limits on slavery like the Missouri Compromise

Courts Early Courts Early Courts The early Supreme Court was followed when it expanded federal powers The other branches supported the Court because it gave them what they wanted The Court was often ignored when it limited the actions of another branch Think of Andrew Jackson! Presidents up until Truman ignored SCOTUS limits on their authority

Federal Courts Modern Courts

Courts FDR “Court Packing” Early in the New Deal – SCOTUS struck down a few critical programs FDR introduced the Judiciary Reorganization Bill It would expand SCOTUS from 9 to 13 (he’d pick all the new ones) Would allow FDR to replace all judges over the age of 70 Congress refused to pass these proposed changes

Courts Truman Steel Mills In 1952, President Truman seized control of the country’s steel companies to prevent the steel workers from striking The Supreme Court struck down his actions, saying he lacked the powers Truman accepted their ruling. 1st time POTUS allowed SCOTUS to limit him Strike occurred, crippling the steel industry, and the workers won

Courts Warren Court Warren Court Earl Warren was governor of California & a prominent Republican politician when Eisenhower made him Chief Justice The Court was all nominated by Democrats, but divided over judicial philosophy (activism or restraint) The Court made critical rulings protecting civil rights for African Americans The Court expanded the rights of accused criminals Warren Court is the best example of an activist court

Courts Warren Court Warren Court Decisions Brown V Board – create precedent for desegregation Griswold V Connecticut – create precedent for “right to privacy” Engel V Vitale – end prayer in schools, set precedents for protecting individual rights over the state govts Expanding the Rights of the Accused: Miranda V Arizona Gideon V Wainwright Mapp V Ohio

Warren Burger was appointed Chief Justice by Richard Nixon in 1968 Courts Burger Court Burger Court Warren Burger was appointed Chief Justice by Richard Nixon in 1968 He was chosen for being a judge who was critical of the Warren Court because it was activist His philosophy was to stay out of law making and interpret existing law Burger Court is the best example of a court practicing judicial restraint Instead of overturning Warren Court decisions, they followed precedents, even when they disagreed

Courts Burger Court Burger Court Decisions Roe V Wade – abortion follows from right to privacy Swann V Charlotte – bussing follows from desegregation Lemon V Kurtzman – limits govt role in private schools

Courts Rehnquist Court Rehnquist Court William Rehnquist was the most conservative judge on the Burger Court Ronald Reagan made him Chief Justice in 1986 His court moved in a much more conservative direction Decisions provide examples of a more conservative version of activism

Courts Roberts Court Roberts Court John Roberts replaced Rehnquist who died in 2005 The demographics of the court have shifted & become more diverse His court has limited liberal decisions of past courts Limited abortion rights, ending campaign contribution limit

Activism and Restraint Federal Courts Activism and Restraint

Courts Judicial Activism Judicial Activism A philosophy of judging where judges believe it’s their role to change precedent These judges apply the Constitution and its ideas to modern situations They are more willing to make a decision that changes policy They feel their role is to actively correct problems EX: Warren Court in Brown V Board

Courts Judicial Restraint Judicial Restraint A philosophy of judging where judges think their only role is to apply precedent They strictly interpret the language of the Constitution & existing law They feel their role is to stay out of policy making – that job is for legislatures – so they can only apply the law that is there They will follow precedent – even in times when they disagree Judges practicing restraint would have followed Plessy V Ferguson

Courts Stare Decisis Stare Decisis Means “let the decision stand” The earlier decision should hold for the case being considered This means SCOTUS is agreeing in some cases with the previous precedent established They don’t have to rethink legal reasonings, or even make new opionions

Strict Constructionism Courts Strict Constructionism Original Meaning Interpretation of the constitution should be consistent with what was meant by those who drafted and ratified the Constitution What would the people at the time have reasonably used as the meaning of the text in the Constitution

Strict Constructionism Courts Strict Constructionism Strict Constructionism This requires a judge to apply the text of the constitution only as it is written Once the court has a clear meaning of the text, no further investigation is needed Judges should avoid making inferences about the text

Bigly Ideas Policy Makers

Philosophy of Modern Courts Wrap Up Marshall Court Philosophy of Modern Courts Judicial Activism Judicial Restraint Focus on these things: