Supreme Court

The Constitution of 1787 provided for a Supreme Court. The Judiciary Act of 1789 prescribed its times of se ion and its rules of procedure. Washington appointed Jay Chief Justice and the court began its se ions in 1790. For adozen years it had little busine . John Marshall, Chief Justice from 1801 to 1835, first made the court a great power in the Government. The influence of his decisions in strengthening and nationalizing the Government cannot be overestimated. (For the court’s power to set aside State and Federal laws as unconstitutional see art. Unconstitutionality.) The court continued to i be composed of Federalists long after the Federalists lost control of Congre and the executive. At first it consisted of the Chief Justice and five A ociate Justices. A sixth was added in 1807, two more in 1837, a ninth in 1863. From 1836 to 1864, under Chief Justice Taney, the court was Democratic, and more inclined to the support of State rights. In the important Dred Scott case it gave a decision favorable to slavery. During the war the Supreme Court was made Republican. During the conflict between Congre and President Johnson, Congre , to prevent him from appointing any judges, enacted laws which reduced. the number of A ociate Justices to seven. In 1870an eighth was added, by reason of which the court reversed its decision in the Legal Tender cases, The court has been throughout its history the most powerful tribunal of this century. The leading cases which have appeared before it are treated in separate articles. A list of the Justices follows. History by Carson. (For the reports see next art.) 273