Thursday, February 3, 2011
Landmark Supreme Court Cases
Judiciary Act of 1801 – Passed before Jefferson took office, it set up regional courts and appointed 16 judges. They were referred to as the “midnight judges.” It also put Jefferson’s cousin, John Marshall, in as Chief Justice of the U.S. Marshall was a Federalist and had also been Secretary of State under Adams.
When Jefferson became president, he told his secretary of state, James Madison, not to deliver any more judicial appointments. One of the appointments was to William Marbury.
Marshall’s decisions and those of the Supreme Court until his death in 1835, gave more power to the Federal government rather than the states.
A landmark case, or landmark decision, is a court decision which is published by an appeals court or by the Supreme Court on some matter that is serious or important to a large number of people.
A landmark case, once decided, shows the usual way in which the court will rule on such issues in the future, and sometimes sets how lower courts must rule in the case of the same or a similar matter coming before them. It is sometimes referred to as a precedent setting case.
Five Landmark Supreme Court Decisions
Judiciary Act of 1801 – Passed before Jefferson took office, it set up regional courts and appointed 16 judges. They were referred to as the “midnight judges.” It also put Jefferson’s cousin, John Marshall, in as Chief Justice of the U.S. Marshall was a Federalist and had also been Secretary of State under Adams.
When Jefferson became president, he told his secretary of state, James Madison, not to deliver any more judicial appointments. One of the appointments was to William Marbury.
Marshall’s decisions and those of the Supreme Court until his death in 1835, gave more power to the Federal government rather than the states.
A landmark case, or landmark decision, is a court decision which is published by an appeals court or by the Supreme Court on some matter that is serious or important to a large number of people.
A landmark case, once decided, shows the usual way in which the court will rule on such issues in the future, and sometimes sets how lower courts must rule in the case of the same or a similar matter coming before them. It is sometimes referred to as a precedent setting case.
Five Landmark Supreme Court Decisions
1. Marbury v. Madison – 1803 – The first landmark Supreme Court decision. It formed the basis for judicial review under Article III of the Constitution. It broadened the power of the Supreme Court establishing that:
- The Constitution is the supreme law of the land
- When there is a conflict between the Constitution and any other law, the Constitution must be followed
- The judicial branch has the duty to uphold the Constitution
2. McCulloch v. Maryland – 1819 – The 2nd Bank of the United States is chartered in 1816, but some states (including Maryland) passed laws taxing the banks.
• In 1818, James McCulloch (head of the Baltimore branch of the bank) refused to pay the tax to the state.
• The Supreme Court ruled the Maryland tax unconstitutional and void.
• The decision allows Congress to create any law that will help it achieve any of it duties according the Constitution.
3. Gibbons v. Ogden – 1824 – Thomas Gibbons had a federal license to run a steamboat along the coast of the United States, but that did not allow him to operate in New York. He wanted to be able to compete with Aaron Ogden, who operated steamboats between New York and New Jersey.
• Gibbons won the case and made it clear that Congress had the authority to regulate interstate commerce (business between the states).
• No state has the right to close its borders to trade to with other states.
4. Worcester v. Georgia – 1832 – Samuel Worcester was missionary (religious leader) who worked with the Cherokee Indians in Georgia. He was arrested by the Georgia militia for failure to have a license to live on Cherokee land and for refusing an order to leave. Worcester argued that Georgia had no legal authority on Cherokee land.
• The Court agreed with Worcester and ruled that only the Federal government had authority in this matter.
• However, President Andrew Jackson supported Georgia and refused to enforce the court’s ruling. This led to the “Trail of Tears” in 1838.
5. Dred Scott v. Sandford – 1857 – Dred Scott was taken by his Missouri slaveholder into Illinois and Wisconsin (free states). Later, he sued for his freedom because under Missouri law at the time, if a slave lived in a free state at any time, they were entitled to freedom.
• The court ruled that enslaved Africans were property – not citizens – and had no rights under the Constitution.
• The decision overturned the Missouri Compromise (1820) which outlawed slavery in territories north of the 36.5th parallel north. This moved the country closer to the Civil War.
New Republic Era Part II
Timeline Items
Northwest Ordinance -- 1787
• The plan was proposed by Thomas Jefferson
• Created a single Northwest Territory of the lands north of the Ohio River and east of the Mississippi River. The lands were to divided into three to five smaller territories (states).
• When a territory reached a population of 60,000, it could apply for statehood.
• Slavery and involuntary servitude were outlawed.
Philadelphia Convention -- 1787
• 55 delegates from every state except Rhode Island met in Philadelphia to revise the Articles of Confederation.
• George Washington was chosen to preside over the convention
• No meetings could be held unless at least seven of the 13 states were represented.
Virginia Plan -- 1787
• Edmund Randolph suggested that instead of revising the Articles of Confederation, they should create a strong, national government.
• The plan was largely the work of James Madison and called for a two-house legislature, a court system and a chief executive chosen by the legislature
• Members of the lower house would be chosen by the people, while the upper house would be elected by lower house representatives
• Delegates from Delaware and New Jersey rejected it.
New Jersey Plan -- 1787
• The plan called for the Articles of Confederation’s one-house legislature
• It gave Congress the power to raise taxes and regulate trade
• It called for a weak Executive Branch consisting of more than one person
The Great Compromise -- 1787
• Suggested by Roger Sherman of Connecticut
• Sherman suggested a two-house legislature; in the House of Representatives (lower house) the number of seats would be determined by population while in the Senate, each state would have two members.
The disagreement over the Virginia and New Jersey Plans revealed a developing spilt between the founders when it came to how the government would function. There were two distinct factions:
Federalists – Led by Alexander Hamilton, they supported a strong central government. They wanted a completely new Constitution.
Anti-Federalists – Led by Patrick Henry and Thomas Jefferson, they supported states’ rights and did not want a strong central government. They wanted to only revise the Articles of Confederation.
Three-fifths Compromise -- 1787
• Southern states wanted to count slaves in their states’ population so they would have more seats in the House of Representatives.
• Northern states objected because slaves were not U.S. citizens
• The compromise was to count each slave as 3/5 of a person. In other words, every five slaves would count for three people for the purposes of representation and taxation.
U.S. Constitution -- 1787
• Was approved on September 17, 1787; the day the government of the United States came into existence
• No state can make laws or take actions that go against the Constitution – the supreme law of the land
• Divided the government into three branches – legislative, executive and judicial, as described in the first three Articles of the Constitution
• The government officially began operations on March 4, 1789
Bill of Rights – 1791
• The first 10 amendments of the U.S. Constitution. They protect the basic rights and liberties most of us take for granted. Written by James Madison, the idea for them comes from the English Bill of Rights (1689).
First U.S. President – 1789
· George Washington is elected as the first U.S. President (the only president to receive 100% of electoral votes). Because Washington was the first president, his actions would establish a precedent (tradition) for all presidents to follow.
Precedents established by Washington
• First to be inaugurated – (inauguration – a formal ceremony to mark the beginning of a leader’s term of office)
• “Mr. President” – Washington’s vice president, John Q. Adams, wanted to call him “His Highness the President of the United States.”
• Choosing his cabinet -- A cabinet is a group of advisors that meet with the President. The President appoints them, but needs the Senate’s approval to dismiss them.
• First to serve two terms – No other president, other than Franklin D. Roosevelt, served more than two terms (Presidential term in office – 4 years)
• Use of force to uphold the law – Whiskey Rebellion
• Neutrality in Foreign Affairs – Washington favored staying out of the affairs of other countries.
President Washington’s Cabinet
Sec. of State – Thomas Jefferson (Anti-Federalist)
• Handles relations with other countries
Sec. of Treasury – Alexander Hamilton (Federalist)
• Deals with the nation’s finances
Sec. of War – Henry Knox
• Provides for the nation’s defense (the office is called Sec. of Defense today)
Attorney General – Edmund Randolph
• Handles the government’s legal affairs
The differences in belief between Jefferson (Anti-Federalists) and Hamilton (Federalists) would lead the first political parties. Washington did not believe in political parties, nor did he favor either Jefferson or Hamilton. He felt he need both for the nation’s best interests.
Washington’s Farewell Address – 1796
· Washington warned against the evils of political parties and getting mixed up in foreign affairs. His farewell address is still read in the Senate every year on his birthday.
1st Bank of the United States – 1792
• Hamilton (Federalist) wanted to create a national bank to help build the nation’s economy. At the time, there were only 8 banks in the country (all were state banks).
• Jefferson (Anti-Federalist) was against it because there was nothing in the Constitution about creating a bank.
• Washington ended up agreeing with Hamilton.
Election of 1796 – This was the first election in which candidates sought office as members of a party. Washington did believe in nor represent any political party. Therefore, this established a precedent. John Adams (Federalist Party), who was Washington’s Vice-President, ran against Thomas Jefferson (Democratic-Republican Party).
Adams won the election (71-68), but at that time, the Constitution stated that the individual who had the second-most votes would be Vice-President. Therefore, we had a Federalist President (Adams) and a Democratic-Republican Vice President (Jefferson).
XYZ Affair -- 1798
· During Adams’ presidency, three French agents (later named) X, Y and Z demand a bribe and a loan for France. The French believed the U.S. was supporting England, who was at war with France.
Alien & Sedition Act -- 1798
· Four bills passed in 1798 by the Federalists after the XYZ Affair. Supporters claimed the acts were designed to protect the United States from alien citizens and prevent attacks from weakening the government. The Virginia and Kentucky Resolutions claimed the Alien & Sedition Acts could not be put into action because they were unconstitutional.
Aliens – immigrants living in the country who were not citizens
Sedition – acts maimed at weakening the government
Election of 1800 – Adams was running for a second term in office against his vice-president, Thomas Jefferson. Jefferson beat Adams (73-65). However, Aaron Burr (who ran as Jefferson’s Vice-President) had the same number of electoral votes as Jefferson. Burr became Vice-President after the House of Representative decided the deadlocked election.
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