Judicial review in the Supreme Court controls the government to protect individual rights. It is based on the theories of philosophers, John Locke and Charles Montequieu, who both believed in separation of powers and the judiciary to protect individuals from government abuse. The Marbury v. Madison case 5 U.S. (1 Cranch) 137 (1803), was the first case to use judicial review to invalidate federal action, followed by United States v. Nixon, 418 U.S. 683 (1974) and Martin v. Hunter's Lessee, 14 U.S. (1 Wheat.) 304 (1816).
The early court for the judicial era appointed John Jay, author of the Federalist Papers, first chief justice from 1789-1795. Then John Rutledge from 1789-1791 and Oliver Ellisworth (1796-1800). The famous Chisholm v. Georgia, 2 U.S. 419 (1793), ruled that states may be liable in federal court, led to the 11th Amendment in 1795.
During the Marshal era, John Marshall was appointed chief justice from 1801-1836. He established supremacy of the national government over state governments in the following court decisions: Marbury v. Madison, McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316 (1819), and the Martin v. Hunter's Lessee. These decisions established judicial review, power of Congress, and the division of authority between national and state governments.
The Taney Court dealt with states's rights. Roger Taney was chief justice from 1836-1843. Philip Barbour, John Catron, John McKinley, and Peter Daniel were also appointed during this era. Justice Taney handed down the decision in the Dred Scott v. Sanford, 60 U.S. (19 How.) 393 (1856) held that slaves were the property, and possessed no rights or privileges under the Constitution.
Under the reconstruction era, Salmon P. Chase was appointed chief justice. During this era, the 13th Amendment (1865), which forbid slavery, was amended and also the 14th Amendment (1868), which had four sections, but the first section, the most important, amended that every state should extend to all persons due process and equal protection under the law. Congress had the power to enact legislation to enforce mandates. (The Civil Rights Acts 42 U.S.C. 1981, 1982, 1983). The 15th Amendment (1870) was amended and assured franchise to al persons of all race and color.
In the Pre-New Deal era, Morrison Waite (1874-1888) became chief justice, along with Melville Fuller (1888-1910), Edward White (1910-1921), and William Taft (1921-1930). The 14th Amendment was used to limit the power of the states to regulate intrastate commerce. The Lochner v. New York, 1918 U. S. 45 (1905) was an example, that gave unwarranted burden upon the right to contract. In Plessy v. Ferguson, 163 U.S. 537 (1896), the decision established the "separate but equal" powers and Brown v. Board of Education, 381 U.S. 479 (1954), the separate but equal doctrine was violative of the 14th Amendment.
In the New Deal Era, President Franklin D. Roosevelt would address the nation's economic crisis due to the Great Depression. In 1935, the National Industrial Recovery Act would help this. In the Panama Refining Co. v. Ryan, 293 U.S. 388 (1935) the decision was an unlawful delegation of legislative authority to the president (violating separation of powers principles). There were other unfavorable decisions regarding President Roosevelt, like Schechter Poultry Corp. v. United States, 295 U.S. 495 (1935), the Railroad Retirement Board v. Alton Railroad, 295 U.S. 330 (1935), and United States v. Butler, 297 U.S. 1 (1936). These decisions limited national government by giving the right of individual contract and federalism principles like separation of powers, substantive due process, and limitations of authority delegated by Congress to administrative agencies.
In 1953, Earl Warren was appointed chief justice, along with William Douglas, William Brennan, Hugo Black, and in 1967, Thurgood Marshall. Along with the invalidation of separate but equal Plessy doctrine in the Brown v. Board of Education, the Griswold v. Connecticut, 381 U.S. 479 (1965), privacy was protected by the Constitution. It re-established the 1st Amendment of free speech law and the protection of rights of persons accused of crimes. In Katz v. United States, 389 U.S. 347 (1967), the 4th Amendment re-established the protection of reasonable expectations of privacy. The United States v. Wade, 338 U.S. 218 (1967) decisions gave the right to counsel at pretrial and post arrest charges identification. The Miranda v. Arizona, 384 U.S. 436 (1966) decision gave the right to counsel during interrogation.
During the Burger Court era, Warren Burger was chief justice in 1969. Harry Blackmun, Lewis Powell, and William Rehnquist were also appointed. This era emphasized preservation of civil rights, like freedom of speech, rights of racial minorities, and the rights of women. The Roe v. Wade, 410 U.S. 113 (1973) case gave the right to privacy to protect a woman's right to elect abortion under some circumstances. In the Nixon v. United States, 418 U.S. 683 (1974) and reh'g denied, 433 U.S. 916 (1977), the Court ordered President Nixon to hand over the tape recordings of Oval Office conversations related to the Watergate Scancal. Also during this era, the first woman justice, Sandra Day O'Connor was appointed in 1981.
William Rehnquist was appointed chief justice in 1972, along with Anthony Kennedy, David Souter, and Clarence Thomas. The United States v. Lopez, 115 U.S. S. Ct 1624 (1995) and Morrison v. United States, 529 U.S. 598 (2000) both limited Congress's power over interstate commerce. In the United States Term Limits v. Thornton, 115 S. Ct. 1842 (1996), it invalidated state-imposed term limits on U.S. Congress members. The Bush v. Gore, 531 U.S. 98 (2000) gave closure to the closest presidential election in history. Also the Casey v. Planned Parenthood, 112 S. Ct 279 (1992), reaffirmed the Burger Court's decision in the Roe v. Wade case: the right to privacy to elect abortions.
In 2005, John G. Roberts suceeded William Rehnquist when Rehnquist passed away in 2005. In 2010, Elana Kagan was also appointed to the Court. The Reigel v. Medtronic, 552 U. S. 312 (2008) and Waters v. Wachovia, 550 U. S. 1 (2000) were the major decisions in this era. The focus seems shifted from federalism in that the federal government possesses specific authorities and state sovereignty (federal involvement) to federal pre-emption.
In the Supreme Court today, there have been five justices appointed. John Roberts, a conservative. Antonin Scalia, who favors judicial restraint and free market and opposes interpretation of rights in favor of the 1st Amendment right to burn the U. S. flag in the Texas v. Johnson decision. Robert Bork, a conservative, seems to bridge the conservative and liberal vote, often rendering the "pivot" vote when cases are close. Clarence Thomas, whose had opposition from civil right groups and allegations of sexual harassment by Anita Hill, an employee of his at U. S. Department of Education and the EEOC (October 15, 1991). He is also know for his silence on the bench -- whether it is because of his southern dialect or his respect for attorneys who appear before the court. Ruth Bader, an advocate of women's rights and active member of American Civil Liberties Union before assuming her duties on the bench is a also a conservative. Samuel Alito, Jr., the Democratic Senate members first opposed his appointment due to his conservative views on abortion, civil rights, criminal justice issues, state and federal authorities, and executive power, assumed the bench on January 30, 2006. Sonia Sotmayor, the first hispanic and third woman to serve the court, assumed the duties on August 8, 2009, and Elana Kagan on August 7, 2010.
Challenges of the Court in recent decades were the prohibition of interracial marriages, protection of authority of the state to p ermit or prohibit slavery, the prohibition of U. S. citizens from holding titles of nobility in other countries, capital punishment, flag desecration, war powers, equal rights, school prayer, same-sex marriage, abortion are some hot topics. At present, it seems to be health care administration, regulation of finance and other industries, exclusions to the states, proposals to control the size of the federal government and strengthen state authority in federal scheme. The Tea Party movement was a political movement that was in response to President Obama's answer to revitalize the economy with government bailouts of banking and other industries and his health care reform program. They advocate for a smaller government, less taxes, lowering the national debt, states' rights, commercial liberty, and "strict constitutionalism."
REFERENCES
Hall, Daniel E. and Feldmeier, John P. Constitutional Law: Governmental Powers and Individual Rights, Pearson Educational, Inc. 2012, pp. 20-47.
No comments:
Post a Comment