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The Rehnquist Court generally took a limited view of Congress's powers under the commerce clause, as exemplified by United States v. Lopez (1995). The Court made numerous controversial decisions, including Texas v. Johnson (1989), which declared that flag burning was a form of speech protected by the First Amendment; Lee v.
The court lacked a home of its own and had little prestige, [17] a situation not helped by the era's highest-profile case, Chisholm v. Georgia (1793), which was reversed within two years by the adoption of the Eleventh Amendment. [18] The court's power and prestige grew substantially during the Marshall Court (1801–1835). [19]
The Supreme Court has interpreted this provision as enabling Congress to create inferior (i.e., lower) courts under both Article III, Section 1, and Article I, Section 8. The Article III courts, which are also known as "constitutional courts", were first created by the Judiciary Act of 1789 , and are the only courts with judicial power.
The Marshall Court began in 1801, when President John Adams appointed Secretary of State John Marshall to replace the retiring Oliver Ellsworth.Marshall was nominated after former Chief Justice John Jay refused the position; many in Adams's party advocated the elevation of Associate Justice William Paterson, but Adams refused to nominate someone close to his intra-party rival, Alexander Hamilton.
Madison, [20] one of the seminal cases in American law, the Supreme Court held that it was unconstitutional because it purported to enlarge the original jurisdiction of the Supreme Court beyond that permitted by the Constitution. The case was the first that clearly established that the judiciary can and must interpret what the Constitution ...
A United States court was also established for the Northwest Territory. [citation needed] When the Constitution came into force in 1789, Congress gained the authority to establish the federal judicial system as a whole. Only the Supreme Court was established by the Constitution itself.
The Warren Court was the period in the history of the Supreme Court of the United States from 1953 to 1969 when Earl Warren served as the chief justice. The Warren Court is often considered the most liberal court in U.S. history. The Warren Court expanded civil rights, civil liberties, judicial power, and the federal power in dramatic ways.
The Jay Court did not issue many major rulings, but Chisholm v. Georgia (1793) stands as the first important ruling of the Supreme Court. The court held that the state of Georgia could be sued in federal court, establishing an important precedent that the states of the union do not constitute fully sovereign states. [9]