The Evolution of the Supreme Court's Power in American Life
TLDR The Supreme Court has transformed from a relatively weak branch of government to a powerful institution with the final say on important issues. Key moments in its history include Chief Justice John Marshall establishing the power of judicial review, the Court's decline in credibility during the Dred Scott case and the Civil War, President Roosevelt's court packing plan, the Court's expansion of civil rights in the 1960s, and the ongoing debate over the Court's authority and interpretation of the Constitution.
Timestamped Summary
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The Supreme Court has evolved from being the least powerful branch of government to having the final say over many aspects of American life.
06:26
The Supreme Court justices used to travel around the country, handling cases themselves, and were heavily involved in politics, but over time, the court became more serious and gained the final say on important issues.
11:57
John Marshall, the Chief Justice of the Supreme Court, played a crucial role in establishing the court as an institution with national authority and the power of judicial review, even though he knew he was a minority and faced opposition from the Democratic Republicans led by Thomas Jefferson.
17:14
John Marshall establishes the power of judicial review in Marbury v. Madison, marking the first time the Supreme Court strikes down a federal law for violating the Constitution, but this is only the beginning of Marshall's vision for the Court's power.
22:18
The Supreme Court's decision in the Dred Scott case, which denied citizenship to black people and endorsed slavery, sparked outrage and criticism, particularly from the Republican Party and Abraham Lincoln, leading to a decline in the Court's credibility and power, which was further diminished during the Civil War when President Lincoln ignored their rulings and abolished slavery.
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President Roosevelt, in response to the Supreme Court threatening to strike down his second New Deal, proposed a plan to add new justices to the court, which would have given him six new appointees and ultimately led to a heated debate in Congress.
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After Roosevelt's second New Deal was upheld in 1937, the Supreme Court began approving progressive policies, but the court packing plan became unnecessary as conservative justices retired and were replaced by Roosevelt, leading to the court rubber stamping the federal government's actions, until a footnote in one of the cases reserved the protection of individual rights, which the Warren court later picked up and turned into major issues of constitutional law.
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In 1957, President Eisenhower sent federal troops to Little Rock to defend the Supreme Court's decision to integrate schools, and a few months later, the Court asserted its supremacy in interpreting the Constitution in the case of Cooper v. Aaron.
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During the 1960s, the Supreme Court expanded its power and ruled in favor of expanding civil rights nationwide, particularly in cases related to civil rights issues and the Civil Rights Act, leading to a nationalization of criminal procedure and a shift in electoral districts to ensure fair representation for black voters.
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The Supreme Court's power and authority became widely accepted and unquestioned by both liberals and conservatives, leading to a shift in focus from who has final interpretive authority to how the Constitution should be interpreted, resulting in a steady march to the right and the subsequent courts using the Warren Court's credibility to undo its accomplishments.
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The power and consequences of the Supreme Court's final say in the US democracy should not be taken for granted, as it has the potential to significantly impact people's lives and rights, and the balance of power between the branches needs to be restored to preserve the democratic culture and ensure peaceful transfers of power.
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