America's Highest Court
Which Supreme Court cases should you know? Find out below.
For the US History student, the many cases that have made it to the Supreme Court are at best remote and technical, presenting severe comprehension issues. Here is a breakdown to help focus on the cases most likely to be on any assessment.
Broken into respective periods, you should know a landmark case or two from each Era.
SEMESTER ONE
Court ErasThe Early Republic The Jay, Rutledge, and Ellsworth Supreme Courts (1789-1801) There are no Court decisions from this period that likely will be used to assess any knowledge of US History. AP Period 3 |
Landmark Court Case DecisionsKey Cases: If you are an Alpha student, check out Chisolm v. Georgia (Also see the 11th Amendment). |
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The Formative Years The Marshall Court (1801–1835) The Marshall Court strengthened federal authority, established judicial review, protected business and contracts, and promoted a unified national economy over state power. AP Period 4 Must-Know Terms from This Era: "Judicial Review"-The power of the Supreme Court to determine if the actions of the legislative or executive branches of the government are constitutional. Before Justice Marshall's Marbury decision, this was a theoretical power (versus a traditional court power to determine a winning side or guilt or innocence) not specifically mentioned in the Constitution. By using this power, Marshall made the Judiciary a much more important and powerful branch of our government. "Loose Construction"-Interpreting the Constitution to allow implied powers not specifically stated, increasing the powers of the Federal government--the opposite of the state's rights interpretation of "Strict Construction," seeking to limit the power of government. The Antebellum-Civil War Period The Taney Court (1836–1864) The Taney Court strengthened states’ rights, allowed greater state regulation of business, and protected slavery—culminating in the Dred Scott decision that intensified sectional conflict before the Civil War. Unlike Marshall, Taney often ruled in favor of state authority, especially in economic matters. AP Periods 4 & 5 Must-Know Terms from This Era: "Strict Construction" & States' Rights-Interpreting the Constitution as to limit the Federal government to only the powers strictly enumerated in the Constitution, with any new powers going to the States and the people (10th Amendment), This preserves the State's power against the Federal government, protecting them from any infringement on their sovereignty. |
Key Cases:
✔ Strengthened the judicial branch, permanently, ensuring checks and balances
✔ Expanded federal authority and supported the loose interpretation of the Constitution (growing government power)
✔ Encouraged national expansion, while preventing states from interfering with economic growth
✔Encouraged investment and business growth Key Cases:
✔ Strengthened slaveholders’ rights ✔ Increased sectional conflict and helped push the nation toward the Civil War
✔ Encouraged competition ✔ Reduced special privileges for corporations |
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The Reconstruction Era The Chase Court (1864-1873) The Chase Court strengthened the constitutional authority of the federal government after the Civil War while limiting military power and narrowly interpreting Reconstruction amendments, which weakened long-term protections for former slaves. AP Period 5 |
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SEMESTER TWO
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The Laissez-faire Era The Waite, Fuller, White, and Taft Courts (1874-1930) These courts were characterized by strong conservatism, support for business, limits on labor protection and government regulation, weakening federal protection of African Americans, and allowing states and corporations greater power. The Courts of this Era eventually made some progress in accepting the reform efforts of Progressives. During World War I, the Court allowed major restrictions on civil liberties. AP Periods 6 & 7 Must-Know Terms from This Era: "Laissez-faire"-An economic and social philosophy advocating minimal government intervention, allowing individuals and markets to operate free of regulations. "Separate but Equal" concept-Supporting segregation by interpreting access to public accommodations being equal despite requiring separate locations based on ethnicity. Overturned by the Brown decision, 1954. The "Lochner Era"-This term is used to describe the laissez-faire approach of the Court to economic and labor decisions, favoring minimal government intervention in business affairs and worker issues. The "Rule of Reason"-Coming out of the Standard Oil Case, it established that only monopolies that "unreasonably" restrained trade were illegal, and that monopolies themselves were not. The "Brandeis Brief"-Progressive Louis Brandeis successfully argued before the Court that sociological and medical conditions (current women's condition in factory work), rather than past precedent should determine the decision of the Court (activism believing that the societal changes from the past require new interpretations of the law and Constitution). The "Clear and Present Danger" Test-Free speech can be limited if it creates a “clear and present danger” to national security and public welfare. |
Key Cases:
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The Shift Toward Activism The Hughes, Stone, and Vinson Courts (1930–1953) After finding parts of President Roosevelt's New Deal unconstitutional, the Court eventually upheld FDR's programs and regulations, ending the "Lockner Era" of resistance to government regulation and extended power over the economy. The Court also expanded the authority of the federal government in time of war, albeit at the cost of civil liberty. AP Periods 7 & 8 Must-Know Terms from This Era: The "Switch in Time Saves Nine"-After Roosevelt’s "court-packing" threat to increase the number of judges on the Court to help support the New Deal, the Court shifted to uphold federal regulation (the most conservative judges left). The Commitment to Activism The Warren Court (1953–1969) Characterized by an unprecedented expansion of civil rights and civil liberties, judicial activism, and the use of the equal protection clause of the 14th Amendment to promote equality and protect the rights of the accused, ushering in the civil rights movements of the 1950s and 1960s. AP Period 8 Must-Know Terms from This Era: "Miranda Rights"- “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you?" "Malapportionment" & "One Person, One Vote" Goal-The need for voting redistricting in the 1960s was primarily due to the urbanization trends of the late 1800s and early 1900s--the population had shifted to cities, but districts continued to give power to rural areas that had lost population. The result was that a smaller number of people living in a rural district might have the same or more political power as a much larger group in an urban area. Rural areas would have disproportionate influence. "Integration"-Working to create equal access in public accommodations for all groups in society "Affirmative Action"- Affirmative action refers to the act of trying to create increased opportunities for minority or disadvantaged classes, giving preference to these groups in hiring, selection, promotions, and representation. The Mixed Reaction to Activism The Burger Court (1969–1986) Characterized by a partial conservative shift after the Warren Court, but with continued expansion of some civil liberties—especially in privacy rights—while limiting certain criminal procedure protections and allowing greater law-and-order policies. AP Periods 8 & 9 Must-Know Terms from This Era: "Reverse Discrimination"- Using affirm action, quotas, etc. to target only specific ethnicities and groups for special consideration in employment, access, etc. |
Key Cases:
✔ Created a battle between President Roosevelt and the Supreme Court over the New Deal and led to the "court-packing" controversy ✔ First challenge to a New Deal program
✔ Expanded wartime executive power ✔ One of the most controversial rulings in U.S. history Key Cases:
✔ Began the modern civil rights movement ✔ Challenged Jim Crow segregation
✔ With the Mapp and Giddeon cases, expanded protections under the 4th, 5th, and 6th Amendments ✔ Strengthened civil liberties nationwide
✔ Forced states to redraw legislative districts--Redistricting ✔ Increased political power of urban and ethnic minority areas
✔ Sparked political controversy ✔ Strengthened separation of church and state
✔ Laid groundwork for later reproductive rights cases Key Cases:
✔ Sparked decades of political controversy ✔Expanded privacy rights ✔In 2022, the Supreme Court overturned its previous ruling in the case of Dobbs v. Jackson. This ruling also overruled Planned Parenthood v. Casey, which had previously upheld the core findings of Roe.
✔ Permitted race to be considered among other factors in college admissions but rejected strict quotas. ✔ Limited strict quota systems
✔ Limited executive privilege ✔ Reinforced checks and balances |
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The Conservative Era The Rehnquist and Roberts Courts (1986–Today) Characterized by a conservative shift that limited federal power, strengthened states’ rights, restricted some civil rights expansions, and promoted law-and-order principles—while maintaining certain major precedents like Roe v. Wade. The Rehnquist Court reflected the rise of modern conservatism during the Reagan–Bush era. AP Periods 9 |
Key Cases:
✔ Demonstrated the Court’s enormous political influence ✔ Increased controversy around judicial involvement in elections |