The Supreme Court The creation of the Supreme Court gave the American people another court system to fight for rights on their behalf. The Supreme Court was created under Article III of the Constitution which placed judicial power of the federal government in “one supreme court, and in such inferior Courts” which congress would decide to establish. The Judiciary Act of 1789 gave more specification to how this judicial power should be structured by providing one chief justice and five associate justices (Henretta, Edwards, and Self 194). This new addition of the judicial system would prove to be vital to our country’s future during the reconstruction period by hearing key cases that shaped the nations culture. The Supreme Court heard landmark cases such as: Dred Scott vs Sandford, The Civil Rights Act of 1875, and the Prize Cases. These cases proved to be very controversial but ultimately necessary in establishing standards by which the country would live by. Before the Civil War civil rights excluded slaves which were deemed property. The Supreme Court established a person of African descent wether they be a slave or freed was not a citizen of the United States in the Dred Scott vs Sanford case of 1857 (law.cornell.edu). By stating that people who had an African descent were not citizens, the …show more content…
This new wave of liberty was a direct product of President Lincoln abolishing slavery as well as the Civil Rights Act of 1875 (pbs.org). This act was a major step towards equality for America by declaring “it is essential to just government we recognize the equality of all men before the law, and hold that it is the duty of government in its dealings with the people to mete out equal and exact justice to all, of whatever nativity, race, color, or persuasion, religious or political; and it being the appropriate object of legislation to enact great fundamental principles into law”
In 1788, the ratification of the United States Constitution sought to establish the fundamental aspects of the nation’s government, laws, and protections of its citizens’ unalienable rights. Robert G. McCloskey’s The American Supreme Court (2016) explains that, during this period, the prospects of the Supreme Court were essentially unknown. As time progressed, however, the Court began strengthening its legitimacy with its decisions in major landmark court cases which, in turn, established its crucial role in shaping the judicial interests and values of the nation. As such, McCloskey (2016) traces the country’s judicial history by highlighting the Court’s great transitional periods regarding state rights, nation rights, property rights, and slavery. By the start of the 20th century, however, discrepancies began to emerge with the rise of
The largest reform for equality and liberty was for the abolition of slavery. Slavery reformers answered yes to the picture in Document C of the black girl demanding if she’s equal to a white woman. Some believed that the slaves should be freed and immediately considered equals such as extremist William Garrison. Even if the reformers were able to free the blacks, entitling them to liberty, it was up to the whites to accept
The Supreme Court was established in 1789, with its powers stated in Article III of the newly-ratified United States Constitution. In the years leading up to the Marshall era, the Court was little more than a shadow of its future self. It lacked both the prestige and authority of the latter 19th century. John Jay–and his successors, Rutledge and Ellsworth–oversaw few cases, and ever fewer significant ones. Often cited as an example of the early Court’s inefficiency, their most
While it might at first seem superfluous, one of the most important parts of the Fourteenth Amendment was that it provided a definition of who was a citizen of the United States. However, in the infamous Dred Scott decision, the Supreme Court, led by Chief Justice Taney had held that, “A free negro of the African race… is not a ‘citizen’ within the meaning of the Constitution of the United States,” and thus, only whites were entitled to constitutional rights. The
The Act created the Supreme Court and the lower court system. The check in power for the President on the judiciary is the ability to appoint the judges to their seat, typically the judge shares the views of the president that appointed them.
After the civil war, the 13th, 14th, and 15th amendments were created. Which abolished slavery and granted african americans citizenship, and the right to vote. But it didn't come that easy to them. African
The Marshall Court is regarded as the most important court within the history of the United States. The decision made in several cases changed tribal sovereignty in an unprecedented way. The first of which in 1823, in Johnson vs McIntosh when it was ruled the private individuals could not purchase land from the natives. At the time the decision was in the United States favor as homestead rights were granted soon after the case, but it shaped the rights of natives in future years. The second case in 1831, Cherokee Nation vs Georgia gave the Indian tribes independence and served as a guidance for the federal government to govern natives. The most important decision was made in 1832 in the case of Worcester vs Georgia where
In 1789, each of the thirteen states had already establish a judicial system such as criminal and civil cases. The United States Constitution is the original document in which it established fundamental laws for the national government as well as protecting the right of the citizens. The U.S Constitution was designed to avoid too much power in the system of checks and balances. As years went by, the Constitution began to adapt to the modern changes. Subsequently, the judicial system began to full fill the U.S Constitution’s purpose. Both Federal and State have their own jurisdiction and functions as stated in the Constitution. However, in recent years the judicial system has been broken due to lack of structure in law on the book and law in action.
During the early 1860's the discussions over states v. Union rights had reached its breaking point and outraged the South seceded from the union. The following years would see not only one of the nations bloodiest wars, but the period of reconstruction that was to follow. Freed slaves now had to find their place within a nation that was less that ready to except them. The battle between legislature passed down by the government and the social ideologies of the past began both during and after the period of reconstruction as it was made evident that changing the minds of the current generation would not be easy. While the years 1860-1877 brought major constitutional changes regarding the rights of African Americans following the civil war,
The life of every American citizen, whether they realize it or not, is influenced by one entity--the United States Supreme Court. This part of government ensures that the freedoms of the American people are protected by checking the laws that are passed by Congress and the actions taken by the President. While the judicial branch may have developed later than its counterparts, many of the powers the Supreme Court exercises required years of deliberation to perfect. In the early years of the Supreme Court, one man’s judgement influenced the powers of the court systems for years to come. John Marshall was the chief justice of the Supreme Court from 1801 to 1835, and as the only lasting Federalist influence in a newly Democratic-Republican
After years in the court system the Justices, in a 7-2 vote, finally concluded four major points that would effect the nation in the years leading up to the Civil War. First, the Supreme Court found that African Americans were not citizens. Chief Justice Roger Taney, from Maryland, and a former slaveowner who eventually emancipated his slaves wrote that slaves were “to be bought and sold and treated as an ordinary article of merchandise and traffic, whenever profit could be made by it.” In other words Scott was not a citizen and therefore didn’t even have the right to have his case heard in a court of law.2 This finding was in direct opposition of some northern states, who’s constitutions had declared free black men citizens. Secondly, since slaves are property, the property owner has the right to move their property to or through free states and territories.
During the course of time, slaves had slave owners. Slaves were not considered people but property. They also were not considered American citizens, so it made more challenging to fight in the courts. Born in 1800, Dred Scott was a Missouri slave and was sold to the army surgeon named John Emerson in Saint Louis. From there, Scott was taken Illinois, a free state. As time passed Mr. Emerson died, so Scott decided to take legal action and sue Mr. Emerson’s wife for his freedom. Since his residence was on free soil, Illinois granted his freedom. (Dred Scott v. Sandford) Moreover, the court of law would argue that even if Scott was deemed free under the states he would still not be qualified as an American citizen because he was black. The court’s also viewed him as a property and the Fifth Amendment forbids Congress from taking property away from individuals without just compensation. So he had to prove to the courts that he was not a piece of property but a citizen. (McBride)
Declared in the U.S. Constitution every American or should it be person, is guaranteed civil rights. Civil rights did not just consist of “freedom of speech and assembly,” but as well as “the right to vote, the right to equal protection under the law, and procedural guarantees in criminal and civil rights,” (Dawood). It was not until 1791, that the Bill of Rights was appended to the constitution, which helped clarify these rights to citizens. “Rights were eventually applied against actions of the state governments in a series of cases decide by the Supreme Court,” Dawood stated. In previous years (1790-1803), the Supreme Court had little say in decisions being made by government. As time went on the Supreme Court took on more
The judicial branch, in its conception as outlined in Article III of the constitution was designated the “power to interpret the law, determine the constitutionality of the law, and apply it to individual cases (The White House)”. However, since the ratification of the constitution, much like the other two branches of government, the judicial branch has also experienced an expanded delegation of authority and power. This notion is evidenced in the 1803 decision on the case of Marbury v. Madison where the Supreme Court asserted its power of judicial review by ”blocking last-minute appointments by outgoing President John Adams (Chegg)” by declaring that these actions should not be permitted because the supreme court, under chief justice john Marshall declared them unconstitutional(Cornell). This set forth a very powerful precedent for judicial review, one that continues to play a critical role in political discourse today. Although the evolution of the judiciary commenced following the fallout of the 1803 decision, the courts have delegated to themselves a controversial role as policy-makers in response to societal demands and stresses placed upon the political system specifically during and after the civil rights movement that occurred in the United States during the 20th century. This expanded role into the realm of actual policy making is derived from the belief that the constitution is indeed a living and flexible document that must retain the capability for change. As the
When the United States Constitution was established, the founding fathers devised the core of the court system that is present in today’s society. The state and federal government each have a version of a Supreme Court which is typically led by a Chief Justice. The states level Supreme Court Justice governs the issues that pertains to the citizens within the respective state. These individuals will also take part in hearings or proceedings that impact of law of the state and hear constitutional cases with regards to the state. On the federal side, a Supreme Court Chief Justice will operates more on a national