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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 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