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The Roberts Court – the 18 th since 1789

The Roberts Court – the 18 th since 1789. Key Moments in the History of the Court. Marbury v Madison [1803] What would you have done if you had been on the court? Establishment of Judicial Review: key concept

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The Roberts Court – the 18 th since 1789

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  1. The Roberts Court – the 18th since 1789

  2. Key Moments in the History of the Court • Marbury v Madison [1803] • What would you have done if you had been on the court? • Establishment of Judicial Review: key concept • The power to review the actions and decisions of any part of the government at local or national level on the basis of its constitutionality • Constitutional law supreme unlike in an uncodified system where statute law is the highest form.

  3. Position of the court on federalism • Essentially confirmed that a system of dual sovereignity was designed by the founding fathers • Dredd Scott v Sandford [1857] • After civil war [1861-5] continued to take a strict constructionist/states rights/laissez-faire perspective • Plessey v Ferguson [1896]

  4. The New Deal • The Roosevelt Presidencies 1932-1945 changed the nature of US politics • Establishment of stronger central government • Challenged the power of the Supreme Court and threatened court packing • Appointment of all justices by Roosevelt lasting effect

  5. Post War Courts • Warren Court [1954-1967] changed the US society and governmental system • Most important court in history • Most radical and loose constructionist court in history • Entered “political thickets” which they had refused to enter before • Took on the power of the states in relation to civil and minority rights

  6. Warren, Burger and Rhenquist • Brown v Board of Education Topeka Bay [1954] – desegregating schools in the south • Overturned precedent Plessey v Ferguson principle of separate but equal – unusual for the court • Also electoral boundaries, rights of suspects, censorship • Burger [1967-1984] – Mixed activism • Roe v Wade [1973], Abortion Furman v Georgia [1972] and Gregg v Georgia [1976] Capital Punishment • Famously Nixon v The United States [1974] • Rhenquist [1994 -2005] more conservative but relatively uncontroversial • A conservative yet balanced judicial approach • Disappointed the neo-cons on abortion and moral issues

  7. Today • Roberts court with two Bush appointees more conservative but no major decisions on key issues • Time will tell and the Obama appointments likely to restore balance of liberals, conservatives and swingers • This is a body that is outside politics and the media • Justices appointed for life and free of pressures of politicians • Constrained by their own arguments and the constitution and loathe to overturn precedent. • Hence they are autonomous, independent and held in the highest esteem by the American people

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