HISTORY OF THE U.S. SUPREME COURT
Excerpt from the United States of America Constitution:
Article III.
Section 1.
The judicial Power of the United States shall be vested in
one supreme Court, and in such inferior Courts as the Congress
may from time to time ordain and establish…
The Supreme Court was established in just a few sentences from just one document. However, those few sentences
really didn’t explain what exactly the Supreme Court was supposed to do. The U.S. Congress was given the task
to spell out all the details, which they did in 1789 by creating the Judiciary Act. Oliver Ellsworth, a congressman
from Connecticut, led the drafting of the new law. The law created 13 district courts in primary cities, with one
judge apiece. It also established three circuits courts to cover the other areas of the eastern, middle, and
southern United States. Above all of these, the law set a Supreme Court, with a Chief Justice and five Associate
Justices, as the only court of appeals.
President George Washington chose John Jay, a New-York born stateman and diplomat, to be the first Chief Justice.
John Jay and his 5 other Associate Justices convened for the first time in New York city in 1790. For its first 3
years the Court had almost NO business at all. In these early stages of the Supreme Court, the people overruled the
court. There were many cases where the judge’s decision was ignored. The American people ultimately decided how to
handle any constitutional dispute in the 1790’s.
It wasn’t until 1801 when John Marshall was appointed Chief Justice that the highest court in the land really started
to lay down a foundation. President John Adams said, “My gift of John Marshall to the people of the United States was the proudest act of my life.”
John Marshall set the law straight during a period of American history that was divided by two opposing political parties:
The Federalists vs. The Jeffersonians. John Marshall held by the constitution to handle all disputes. His most famous case,
Marbury vs. Madison, gave the Supreme Court the power to declare an Act of Congress unconstitutional. In renouncing a minor
jurisdiction, Marshall claimed a great one. The Supreme Court’s power as interpreter of the Constitution rests on this
precedent to this day.
As years passed the United States was expanding. Kentucky, Tennessee, and Ohio were among the additions. Because of the
growth, Congress added a seat to the Court in 1807. The Judiciary continued to thrive under John Marshall through the
early 1800’s. “We must never forget," he said, "that it is a constitution we are expounding . . . a constitution, intended
to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." His actions made his
words unforgettable. By 1829, Marshall had turned what seemed to be a sinking ship into a powerful fortress.
Slavery, states’ rights, a civil war, bank wars, and international trading were just some of the issues in the 1800’s that
the Supreme justices had to deal with. With about 100 years under its belt, the Supreme Court only had 8 different Chief
Justices during that time. Here is a list of the 16 men who have held the coveted position of Chief Justice:
- The Jay Court (1789-1795)
- The Rutledge Court (1795)
- The Ellsworth Court (1796-1800)
- The Marshall Court (1801-1835)
- The Taney Court (1836-1864)
- The Chase Court (1864-1873)
- The Waite Court (1874-1888)
- The Fuller Court (1888-1910)
- The White Court (1910-1921)
- The Taft Court (1921-1930)
- The Hughes Court (1930-1941)
- The Stone Court (1941-1946)
- The Vinson Court (1946-1953)
- The Warren Court (1953-1969)
- The Burger Court (1969-1986)
- The Rehnquist Court (1986-present)
The amount of power the Supreme Court had gained over the years was insurmountable in some people’s eyes. By 1920, the
court had acquired the nickname, “Supreme Legislature”. Reformers at the time pointed out that, "The vote of one member
of the Supreme Court may exceed the collective power of 435 Representatives and 96 Senators, or even of 100,000,000 people."
Another phrase that was coined just for the Supreme Court was "the economic dictator in the United States."
As years passed, the 3 powers of American government checked and balanced according to the times. In the 1950’s the Court,
led by Earl Warren, laid down the law for racial tensions in education. The landmark case, Brown vs. The Board of Education
steered this country into tumultuous times that inevitably would work itself out. Obviously, the Supreme Court changes as time
passes. The current system under Chief Justice William Rehnquist has been intact for a few decades now.
As of 2004, there are 8 Associate Justices. The power to nominate the Justices is still vested in the President of the United
States, and appointments are made with the advice and consent of the Senate. The amount of judicial Power is technically the
same as when the court was organized in 1790. According to Article 2 of Section 3 from the Constitution, “The judicial Power
shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made,
or which shall be made, under their Authority…”
References used for this page:
The Supreme Court By William H. Rehnquist
Official U.S. Supreme Court Site
National Archive Experience
The Supreme Court Historical Society
This Nation