The Early Supreme Court and the Challenges of Riding Circuit

The ratification of the United States Constitution ushered in a new system of government. No longer did the thirteen states merely hang together by the threads of a confederation; they now bonded to each other as one nation. Organized chiefly by the first three articles of the Constitution, a federal government began to take shape. The Framers expressly laid out the functions and duties of the first two branches in the first two articles—the legislative and executive. However, Article III, which organized the judiciary, remained short and ambiguous. The Founders charged the First Congress with the task of organizing the federal judiciary. Even after Congress created the judiciary, however, questions still plagued the system. This essay argues that the actions taken by the Justices of the early Supreme Court to ease the burden of circuit riding expanded and further defined the judiciary's role as a branch of government.     

Supreme Court Advocacy in the Early Nineteenth Century

The early nineteenth century was transformative of the Supreme Court's practices. Yet understanding those fundamental changes requires some appreciation of practice before the Court in the late eighteenth century, and the developments in the early nineteenth century produced changes in the Court's practices that are still felt today. In this first half-century or so of the Court's existence, more dramatic developments and changes occurred in oral argument practice than in any other period of the Court's history. ¹     

The Invisible Dance: The Supreme Court and the Press

Abstract

In America, Tocqueville writes, men were born equal; they did not have to become so.¹ But he is not unaware of the radical democratic character of the American revolution of which Gordon Wood has reminded us.² Prior to 1776, Tocqueville observes, the democratic principle was “far from dominating the government of society.” It was the Revolution that made it “the law of laws.” “The war was fought and victory obtained in its name” (1:1, ch. 4. 59).     

The Supreme Court in the Nineteenth Century

At the beginning of the nineteenth century, we find a Court which has not yet found its role, and whose principal impact is deciding which litigant wins in a particular lawsuit. Chief Justice John Marshall, appointed in 1801, changes that; he and his successor, Roger B. Taney, are the dominant figures in the Courts over which they preside. From 1801 until 1864-sixty-three years-the nation had only two Chief Justices; during the same time, it had fifteen presidents. In the latter part of the nineteenth century, the Chief Justices are less dominant and influential, sharing their authority with several notable Associate Justices. By the end of the century, the Court is beginning to wrestle with the many problems facing the nation after a little more than a century of existence.     

The Supreme Court and Juvenile Justice

For so many things I thank the Historical Society profoundly, but place right at the top of my list the delightful opportunity your invitation has given me to read the prior Annual Lectures—interesting, exciting, thoroughly intimidating—touching on the Court's history, its cases, its people, even its wives (the subject of Justice Ginsburg's 1999 lecture). Wholly apart from the Society's many initiatives to preserve the Court's history and increase public awareness of its contributions to our nation, the now nearly three dozen Annual Lectures alone offer an amazing insight into this great institution.     

Many Voices,One Court: The Origin and Role of Dissent in the Supreme Court

E pluribus unum—out of many, one—is the phrase emblazoned on the Seal of the United States, which refers to the notion that a single American voice emerges from the many diverse groups that constitute the nation. The legislative and executive branches of government often act as one voice through legislative bills and executive acts, aggregating diverse interests that reflect the national will. The notion of e pluribus unum, however, is not often applied to the judiciary, a branch of government the members of which are viewed, not as outlets for the will of the people, but as gatekeepers of the rule of law. But while the Supreme Court may not speak directly for the people, its opinions speak to the people, and the methods used by the Justices to express those opinions have revealed changes in the conception of the Court's voice throughout history.     

The Graver Tank Litigation in the Supreme Court

The very generality of the patent statutes in American law places a heavy burden on the courts and the patent bar for the development of patent law and policy. It is particularly important that we examine periodically how well the courts have performed that function and how well the bar has supported that effort. This article will focus on an earlier era in patent law—in particular the process surrounding the second Graver Tank decision, in the 1949 Term of the Supreme Court—to see what lessons that experience may hold for present day. ¹     

Here Lies the Supreme Court: Revisited

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