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Id 174 542 Institution Pub Data Available Ffcm DOCUMENT MESONS ID 174 542 SO 011 883 AUTHOR Harrell, Mary Ann Court in TITLE Equal Justice Under Law: The Supreme American Life. INSTITUTION Foundation of the Federal BarAssociation Washington, D.C. PUB DATA 75 NOTE 151p. AVAILABLE FFCM Foundation of the Federal BarAssociation, 1815 H Street, N.W. ,Washington, D.C. 20006 ($2.50) EDFS PRICE MF01 Plus Postage. PC hot Availablefrom EDRS. DESCRIFICPS Constitutional History; *Constitutional Law;Court Doctrine; *Court Role; *Federal Courts;Federal Government; Government Role; Justice;Legal Problems; Secondary Education; *Supreme CourtLitigation; *United States History IDENTIFIERS *Supreme Court; United StatesConstitution ABSTRACT The document descrites theestablishment, development, procedures, and some landmark casescf the U.S. Supreme Court. The objective is to explorethe history cf the court and tc explain its role in the American systemof government. The booklet is presented in fcut chapters. Thefirst chapter, entitled "A Heritage of Law," offers judicialbackground from the 1606 VirginiaCharter tc the Constitution and Bill ofRights. The seccrd chapter, whichforrs the valor part of the document,is entitled "Eecisiors for Liberty." It traces the court's growth of scopethrough precedent-setting decisions sigh as Chisholm v. Georgiain 1793, Marbury v.Madison in 18C3, McCulloch v. Maryland in1819, Gibbors v. Ogden in 1824, Dred Scott v. Sandford in 1857, Munn v.Illinois in 1877, Northern Securities v. United States in 1904,Adkins v. Children's Hospital in 1923, Brown v. Board of Educationin 1951, Gidecn v. Wainwright in 1963, and Roe v. Wade in 1973.Chief Justices and events are described historically in connectionwits the cases, from John Jay to Warren Burger, as the court's power asinterpreter of the Constitution grew. The third chapterdiscusses court procedures, staff dut-ies, the building, and theduties of the justices. Chapter IV offers a brief descriptionof the powers and limitationsof the federal court system, including contemporaryreforms and technical innovations. Ar index concludes thetookle'. (CK) 444*************************************4****************************** Fenroductions supplied by EDP P.re the best that canbe made from the original docomert. 1$1,41030**30#***#.41#20******************************************************* EQUAL JUSTICE UNDER LAW THE SUPREME COURT IN AMERICAN LIFE By MARY ANN HARRELL National Geographic Staff "PERMISSION TO REPRODUCE THIS U.S. DEPARTMENT OF HEALTH. MATERIAL IN MICROFICHEONLY EDUCATION &WELFARE HAS BEEN GRANTED BY NATIONAL INSTITUTE OP EDUCATION 4;-Lri THIS DOCUMENT HASSEEN REPRO- DUCED EXACTLY AS RECEIVEDFROM THE PERSON OR ORGANIZATION *TING IT POINTS OF VIEWOR OPINIONS STATED DO NOT NECESSARILYREPRE- TO THE EDUCATIONAL RESOURCES SENT orro-cAL NATIONAL INSTITUTEOF EDUCATION POSITION OR POLICY INFORMATION CENTER(ERIC)." THE FOUNDATION OF THE FEDERAL BAR ASSOCIATION with the cooperation of the National Geographic Society WASHINGTON. D. C. Copyright © 1965, 1975 by THE FOUNDATION OF THE FED- ERAL BAR ASSOCIATION. a nonprofit educationalfoundation chartered, %, Congress on August 24, 1954. Headquarters: 904 Feder., Nan Building. Washington, D. C. 20006 BOARD OF DIRECTORS Earl W. Kintner President William L. Ellis Vice President Marshall C. Gardner Secretary Bettin Stalling Treasurer Frederick R. Franklin Historian Warren E. Burger. Henry A. Dudley. Scott Hodes. Conrad D. Philos. C. Normand Poirier. Bernard G. Segal. Paul E. Treusch Advisers: Ralph E. Becker. Lawrence R. Caru- so. Charles Fahy, Paul H. Gantt. John H. Grosvenor. A. S. Harzenstein. Gilbert Jaco- bus. Thomas D. Lambros, Alfred P. Murrah. George S.Prugh, Jr..Marguerite Rawalt, Joseph F. Spaniol. Jr.. F. Trowbridge vom Baur. Counsel: Kenneth H. Liles sokiranY smutbelow the American eagle distinguishes the Seal of the Produced as a public service Supreme Court of the United States. by the National Geographic Society Justices ordered the emblem at their Melvin M. Payne President Melville Bell Grosvenor Editor-in-Chief third meeting, on February 3, 1790. Its designers adapted the Great Seal Prepared by the Special Publications Division of the United States, adding the star STAFF FOR THIS BOOK W s y m b o l l t e t h e Constitution's grant Melvin NI. Payne Editorial Director of judicial power to "one Supreme Editor Robert L. Breeden Court." The Clerk of the Court Donald J. Crump Associate Editor Philip B. Silcott Senior Editor affixes the Seal to official papers EDITORIAL STAFF: Jules B. Billard. Bruce Brander. judgments, mandates, and wets. Abigail T. Brett. Thomas Canby. Jr.. Dorothy Corson. Barbara Coulter. Richard M. Crum. Johanna G. Far- ren, Barbara J. Hall. Carolyn Matt. GeraldineLinder. Margaret C. Shaw. 0. Mac White. Peggy D. Winston STAFF FOR THIRD EDITION: Merrill Windsor.Manag- ing Editor; David R. Bridge. Picture Editor; Jane D'Alelio. Design; Susan Burns. Research; Mary G. CONTENTS Burns. Jane H. Buxton. Stephanie S. Cooke. Marta Isabel Coons. Suzanne J. Jacobson. Marilyn L. Wilbur. Linda M. Yee. Staff Assistants Foreword S PRODUCTION AND PRINTING: Robert W. Messer.Pro- duction Manager; George V. White. Assistant Pro- duction Manager; Raja D. Murshed. Nancy W. Glaser. 6 June 1.. Graham, Production Assistants: John R. A Heritage of Law Metcaffe, James R. Whitney. Engraving and Printing Third Edition Decisions for Liberty 15 Library of Congress Catalog Card Number 74-15417 OVERLEAP: James Earle Fraser's "Contemplationof Justice" sits brooding before the main west entrance Within the Court Today 115 Of the Court. ENDPAPERS: One hundred Justices have served on the The Federal Court System 144 Supreme Court since its birth in 1790. The rows of pictures running horizontally present the jurists, with terms of service, in the order of taking the oath. Aster- Index 15',) isks indicate the 15 Chief Justices. John Rutledge was named Chief Justice by a recess appointment in 1 795 and served briefly, but the Senate 'ejected him when it reconvened. OVIV1.1141/, SOUPS I CM11,110al N I f 130.111M V1.101,04111110041 0000 IS. 11.01.41110f COMM. CO,WIlle Foreword REVERED AND ABUSEDasnoother We hope this story of the Court will be court has ever been, least known of part of that debate, which began almost as the great institutions of the United soon as the Justices started hearing cases. States, the Supreme Court holds a unique Although we believe lawyers will enjoy it, power in the American system of govern- itis not written especially for them. and ment----a unique place in the American story. legal technicalities are not its theme. To tell that story and to explain that pow- The theme is a national adventure. Its er. the Foundation of the Federal Bar As- episodes are crises and struggles and con- sociation is publishing this book. flicts. Its setting is a continent and beyond George Washington said that "the due and a few small rooms. administration of justice is the firmest pillar To present this story, Dr. Melville Bell of good Government." The Foundation Grosvenor, Editor-in-Chief, and Dr. Mel- works to improve that administration, par- vin M. Payne, President, have generously ticularly in the federal courts. It acts,for shared the resources of the National Geo- the Federal Bar Association, whose 13,600 graphic Society with the Foundation; and members have served or now serve as attor- we are happy to thank them for their help. neys or judges for the national government. In this project, they and their staff col- Believing that each citizen must be the leagues have performed a great service to final judge of good government, it has the Nation. planned this book to serve the public. Members of our Foundation have selected When the First Congress was debating a landmark cases and reviewed both text and bill to establish a federal court system, one pictures which follow. The Foundation as- Representative from New Hampshire ex- sumes full responsibility for the contents of pected it to "give great disgust." He could the volume, which we are proud to sponsor. see no reason for a national judiciary, "un- With publication of thisedition,the lessit be to plague mankind." His fears Foundation welcomes a new organization have not materialized. Today this system that has joined us in encouraging public has begun an unprecedented effort at self- interest in the Court: The Supreme Court improvement and innovation: and this book Historical Society, whose specific purpose includes a report on that program of change. is to preserve and extend knowledge and Most people never enter the federalappreciation of the history of the Court courts, either as parties to a lawsuit or and the Nation's judicial system. members of a jurynot even as spectators. For everyone who has worked on this They think of the courts as strange and re- book and for everyone who reads it. we mote if they think of them at all. And they hope it will mean a new devotion to the believe, with some validity, that the law is a ideals of the Constitution, to the purposes hramble patch of technicalities and strange which have been the special trust of the iords. They might reasonably expe 'T tht'f Supreme Court"to form a more perfect Supreme Court to be the most remote olitlt. Union, establish Justice ... and secure the far from =everyday affairs. And yet it is not; Blessings of Liberty to ourselves and our it is "supreme." but still very close to the Posterity." And we hope it will mean a new lives and activities of all Americans. pride in law as our way of using freedom. From day to day the headlines announce its decisions, the editorials praise and de- EARL W. KINTNER nounce them. and citizens wrangle about President. The Foundati,,n them in law schools and living rooms. of the Federal Bar Association 5 of the English tradition. But no English judge can say from the bench, as an American judge may say: "The law on thebooks says thus-and- so; but in spite of the fact that the legislature passedit in due form, this law is voidit is unconstitutional and therefore no law at all." The English constitution has remained unwritten; it was, and still is, a mass of precedents, and of rules drawn from them.
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