Packing the Court: The Rise of Judicial Power and the Coming Crisis of the Supreme Court
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people as final arbiters of
see also Supreme Court; and specific issues, clauses, and cases
constitutional amendments:
Bill of Rights
First
Second
Fourth
Fifth
Sixth
Thirteenth
Fourteenth ; see also due process; equal protection
Fifteenth
See also Bill of Rights; Fourteenth Amendment
constitutional convention of 1787,
constitutional interpretation
departmentalist
originalist
strict constructionist
see also judicial activism; judicial restraint; judicial review; judicial supremacy
Continental Congress
contract(s):
contract clause
liberty of
Coolidge, Calvin
Supreme Court appointment by
corporations
antitrust actions and
citizenship of
regulation of
substantive due process and
see also railroads; regulatory laws
Corwin, Edward S.
counsel, right to
Council of Revision
court-packing
by Adams
circuit reorganization and
by FDR
FDR’s plan for
by Grant
by Jacksonian Democrats
by Jeffersonian Republicans
by Nixon
by Reagan
by Republicans, post-Civil War
Prize Cases and
by Taft
by Washington
Crawford v. Marion County Election Board
criminal justice
Cruikshank, William
Cummings, Homer
Cuomo, Mario
Curtis, Benjamin
Cushing, Caleb
Cushing, William
Daniel, Peter
Davis, David
Davis, Jefferson
Davis, Morris
Day, William
death penalty
Debs, Eugene
Declaration of Independence
Democratic Party
court-packing by
divisions over slavery in
formation of
Democratic Party (cont.)
populism in
post-Civil War recovery of
Dennis v. U.S.
departmentalist constitutional interpretation
Depression, Great
Dewey, Tom
Dickens, Charles
Dickinson, John
DiIulio, John J., Jr.
District of Columbia, see Washington.C.
District of Columbia v. Heller
Douglas, Stephen
Douglas, William O.
appointed to Supreme Court
civil liberties and
Frankfurter and
as liberal activist
Japanese-American cases and
privacy rights and
religious liberty and
Roe and
Rosenbergs and
Dred Scott
Fourteenth Amendment and
judicial review and
national vs. state citizenship in
Republican party and
due process
corporations and
in Fourteenth Amendment
Munn and
procedural
Reagan and
Slaughterhouse and
substantive
Duvall, Gabriel
Dworkin, Ronald
Eastland, James
Edwards v. California
Eisenhower, Dwight D.
Brown and
Supreme Court appointments by
elections:
of
of 1800,
of 1824,
of 1828,
of 1856,
of 1860,
of 1876,
of 1892,
of 1896,
of 1912,
of 1932,
of 1936,
of 1952,
of 1968,
of 2000,
of 2008,
Ellsworth, Oliver
Emancipation Proclamation
Embargo Acts (1807-08)
Emerson, John
Endo, Mitsuye
equal protection:
in Brown
in Bush v. Gore
corporations and
in Fourteenth Amendment
in Plessy
Slaughterhouse and
Escobedo v. Illinois
exclusionary rule
Ex parte Endo
Ex parte Merryman
Fairman, Charles
Farley, Jim
farmers
in Depression and New Deal
political mobilization of
Supreme Court decisions and
Farmers’ Alliance
Federalist papers
Federalist party
court-packing by
judiciary as stronghold of
Judiciary Act repeal and
Marshall and
Republican opposition to
Sedition Act used by, against Republicans
Supreme Court dominated by
Taney and
Federalist Society
Fehrenbacher, Don
Field, Stephen J.
appointed to Supreme Court
Munn and
Slaughterhouse and
Fillmore, Millard
Fish, Hamilton
flag-salute laws
Fletcher v. Peck
Florida, in 2000 elections
Foner, Eric
Ford, Gerald
Fortas, Abe
“Four Horsemen,”
Fourteenth Amendment
intent of undermined by Supreme Court
and nationalization of the Bill of Rights
see also due process; equal protection
Frankfurter, Felix
appointed to Supreme Court
Brown and
flag-salute cases and
free speech and
judicial restraint and
as leader of conservative bloc
relations with fellow justices
Rosenbergs and
Franklin, Benjamin
free labor
Free Soil party
freedom of press, see press, freedom of
freedom of speech, see speech, freedom of
Freund, Ernst
Fugitive Slave Law (1793)
Fugitive Slave Law (1850)
Fuller, Melville
appointed chief justice
conservative leadership of
income tax and
fund-raising limits
Garfield, James A.
Supreme Court appointments by
Garrison, William Lloyd
gay rights
Geneva Conventions
Georgia:
Cherokee treaties with
Fletcher v. Peck
Gerry, Elbridge
Gideon v. Wainwright
Gilded Age
Giles, William Branch
Ginsburg, Douglas
Ginsburg, Ruth Bader
appointed to the Supreme Court
Bush v. Gore and
in the liberal bloc
Gitlow, Benjamin
Gitlow v. New York
Gobitis, Walter
Goldberg, Arthur
appointed to Supreme Court
Warren Court liberalism and
Goldwater, Barry
Gonzales, Alberto
Gore, Al
Grange movement
Grant, Ulysses S.
court-packing by
Legal Tender Act and
Supreme Court appointments by
Gray, Horace
Gray v. Sanders
Gre
enback party
Grier, Robert
Lincoln’s war powers and
retirement of
Griswold v. Connecticut
Guantánamo prison
Guffey Coal Act
gun ownership
habeas corpus
Bush’s military tribunals and
Lincoln’s suspension of
Habeas Corpus Act (1863)
Hale, John P.
Hale, Matthew
Hamdan, Salim Ahmed
Hamdan v. Rumsfeld
Hamdi v. Rumsfeld
Hamilton, Alexander
“necessary and proper” clause and
views of Supreme Court of
Harding, Warren
Supreme Court appointments by
Taft appointed chief justice by
Harlan, John Marshall
as dissenter
Plessy and
Harlan, John Marshall
Warren Court activism and
Harrison, Benjamin
Supreme Court appointments by
Hay, John
Hayes, Rutherford B.
Supreme Court appointments by
Haynsworth, Clement
Henry, Patrick
Hensley, Thomas
Hepburn Act (1906)
Hepburn v. Griswold
Hill, Anita
Hirabayashi v. U.S.
Hoar, Ebenezer R.
Holmes, Oliver Wendell, Jr.
appointed to Supreme Court
as dissenter
free speech and
as judicial pragmatist
Lochner and
trust-busting and
Hoover, Herbert
Supreme Court appointments by
Hopkins, Mark
House Un-American Activities Committee
Hruska, Roman
Hughes, Charles Evans:
appointed chief justice
as associate justice
court leadership of
FDR’s court-packing plan and
judicial review and
New Deal and
Hunt, Ward
Ickes, Harold
Illinois:
Munn
Wabash, St. Louis & Pacific R.R. v. Illinois
income tax
Indiana
interstate commerce
Interstate Commerce Commission
Iowa
Iredell, James
Irons, Peter
Jackson, Andrew
Bank of the United States and
departmentalist constitutional interpretation and
Marshall and
Supreme Court appointments by
Jackson, Howell
Jackson, Robert H.
appointed to Supreme Court
judicial restraint and
West Virginia Board of Education and
Japanese Americans
Jay, John
Jefferson, Thomas
departmentalist constitutional interpretation and
on judicial supremacy
Judiciary Act of 1801 and
Marbury and
Marshall and
“necessary and proper” clause and
opposition to Federalist bench by
as Republican leader
Sedition Act and
states’ rights and
Supreme Court appointments by
Jehovah’s Witnesses
Jenner, William
Johnson, Andrew
Reconstruction and
Johnson, Lyndon B.
Supreme Court appointments by
Johnson, Thomas
Johnson, William
Jones v. Opelika
Journal of Commerce
judicial activism
judicial power
Article III and
Marshall and
Warren Court and
judicial restraint
judicial review
Dred Scott and
FDR on
Fletcher v. Peck and
Framers’ intentions and
Fuller Court’s use of
Hughes Court’s use of
Marbury and
Marshall Court’s use of
proposal to end
proposals to limit
Rehnquist Court’s use of
Taft Court’s use of
Warren Court’s use of
judicial supremacy
proposal to end
Judiciary Act (1789)
Marbury and
Judiciary Act (1801)
repeal of
Justice Department
Justice of Shattered Dreams (Ross)
Kansas-Nebraska Act (1854)
Keck, Thomas
Kennedy, Anthony:
appointed to Supreme Court
Bush v. Gore and
in conservative majority
as “swing” vote
Kennedy, Edward “Ted,”
Kennedy, John F.
Supreme Court appointments of
Kennedy, Robert F.
Kent, James
Kentucky
Baze
Strader
Kerry, John
King, Martin Luther, Jr.
Kohl, Herbert
Korematsu, Fred
Korematsu v. U.S.
Krock, Arthur
Ku Klux Klan
Ku Klux Klan Act (1871)
labor and workers’ rights