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Marbury v. Madison, 5 U.S. 137 (1803), was a landmark U.S. Supreme Court case that established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws and statutes that they find to violate the Constitution of the United States. Decided in 1803, Marbury remains the single most important decision in American constitutional law. The Court's landmark decision established that the U.S. Constitution is actual law, not just a statement of political principles and ideals, and helped define the boundary between the constitutionally separate executive and judicial branches of the federal government.
The Tenth Amendment to the United States Constitution, a part of the Bill of Rights, was ratified on December 15, 1791. It expresses the principle of federalism, also known as states' rights, by stating that the federal government has only those powers delegated to it by the Constitution, and that all other powers not forbidden to the states by the Constitution are reserved to each state.
McCulloch v. Maryland, 17 U.S. 316 (1819), was a landmark U.S. Supreme Court decision that defined the scope of the U.S. Congress's legislative power and how it relates to the powers of American state legislatures. The dispute in McCulloch involved the legality of the national bank and a tax that the state of Maryland imposed on it. In its ruling, the Supreme Court established firstly that the "Necessary and Proper" Clause of the U.S. Constitution gives the U.S. federal government certain implied powers that are not explicitly enumerated in the Constitution, and secondly that the American federal government is supreme over the states, and so states' ability to interfere with the federal government is limited.
Felix Frankfurter was an American lawyer, professor, and jurist who served as an Associate Justice of the Supreme Court of the United States. Frankfurter served on the Supreme Court from 1939 to 1962 and was a noted advocate of judicial restraint in the judgments of the Court.
Peter H. Irons is an American political activist, civil rights attorney, legal scholar, and professor emeritus of political science. He has written many books on the U.S. Supreme Court and constitutional litigation.
Missouri v. Holland, 252 U.S. 416 (1920) is a United States Supreme Court decision on the extent to which international legal obligations are incorporated into federal law.
The Lochner era is a period in American legal history from 1897 to 1937 in which the Supreme Court of the United States is said to have made it a common practice "to strike down economic regulations adopted by a State based on the Court's own notions of the most appropriate means for the State to implement its considered policies". The court did this by using its interpretation of substantive due process to strike down laws held to be infringing on economic liberty or private contract rights. The era takes its name from a 1905 case, Lochner v. New York. The beginning of the era is usually marked earlier, with the Court's decision in Allgeyer v. Louisiana (1897), and its end marked forty years later in the case of West Coast Hotel Co. v. Parrish (1937), which overturned an earlier Lochner-era decision.
Erwin Chemerinsky is an American legal scholar known for his studies of United States constitutional law and federal civil procedure. He served as the founding dean of the University of California, Irvine School of Law from 2008 to 2017, and is currently the dean of the University of California, Berkeley, School of Law.
Stuart v. Laird, 5 U.S. 299 (1803), was a case decided by United States Supreme Court notably a week after its famous decision in Marbury v. Madison.
Mark Victor Tushnet specializes in constitutional law and theory, including comparative constitutional law, and is currently the William Nelson Cromwell Professor of Law at Harvard Law School. Tushnet is identified with the critical legal studies movement,
Jack M. Balkin is an American legal scholar. He is the Knight Professor of Constitutional Law and the First Amendment at Yale Law School. Balkin is the founder and director of the Yale Information Society Project (ISP), a research center whose mission is "to study the implications of the Internet, telecommunications, and the new information technologies for law and society." He also directs the Knight Law and Media Program and the Abrams Institute for Free Expression at Yale Law School.
Dual federalism, also known as layer-cake federalism or divided sovereignty, is a political arrangement in which power is divided between the federal and state governments in clearly defined terms, with state governments exercising those powers accorded to them without interference from the federal government. Dual federalism is defined in contrast to cooperative federalism, in which federal and state governments collaborate on policy.
Raoul Berger was an American attorney and professor at The University of California at Berkeley and Harvard Law School. While at Harvard, he was the Charles Warren Senior Fellow in American Legal History. He is known for his role in the development of originalism.
Adam Seth Cohen is an American journalist, author, lawyer, and former assistant editorial page editor of The New York Times. He also works in the administration of New York City Mayor Bill de Blasio.
Jonathan H. Adler is an American legal commentator and law professor at the Case Western Reserve University School of Law. He has been recognized as one of the most cited professors in the field of environmental law. His research is also credited with inspiring litigation that challenged the Obama Administration's implementation of the Affordable Care Act, resulting in the Supreme Court's decision in King v. Burwell.
Melville Weston Fuller was an American politician, lawyer, and jurist who served as the eighth chief justice of the United States from 1888 until his death in 1910. His tenure on the Supreme Court was marked by staunch conservatism, exhibited by his support for corporations and his opposition to broad federal power. He authored major opinions on the federal income tax, the Commerce Clause, and citizenship law, and he took part in significant decisions regarding racial segregation and the liberty of contract. Those rulings often faced criticism in the decades during and after Fuller's tenure, and many were later overruled or abrogated. The legal academy has generally viewed Fuller negatively, although a revisionist minority has taken a more favorable view of his jurisprudence.
Henry Melvin Hart Jr. (1904–1969) was an American legal scholar who was an influential member of the Harvard Law School faculty from 1932 until his death in 1969.
The Waite Court refers to the Supreme Court of the United States from 1874 to 1888, when Morrison Waite served as the seventh Chief Justice of the United States. Waite succeeded Salmon P. Chase as Chief Justice after the latter's death. Waite served as Chief Justice until his death, at which point Melville Fuller was nominated and confirmed as Waite's successor.
The Taft Court refers to the Supreme Court of the United States from 1921 to 1930, when William Howard Taft served as Chief Justice of the United States. Taft succeeded Edward Douglass White as Chief Justice after the latter's death, and Taft served as Chief Justice until his resignation, at which point Charles Evans Hughes was nominated and confirmed as Taft's replacement. Taft was also the nation's 27th president (1909–13); he is the only person to serve as both President of the United States and Chief Justice.
Alison L. LaCroix is the Robert Newton Reid Professor of Law at the University of Chicago Law School. She is also an Associate Member of the University of Chicago Department of History.
