Packing the Court: The Rise of Judicial Power and the Coming Crisis of the Supreme Court

  Adair and

  Bailey and

  Carter and

  Clayton Act (1914)

  Debs and

  Jones & Laughlin and

  Lincoln on

  Lochner and

  Loewe and

  Muller

  reform movements for

  Schechter and

  West Coast Hotel and

  laissez faire

  Lamar, Joseph Rucker

  Lawrence v. Texas

  Lazarus, Simon

  leadership

  transforming

  Lee, Charles

  Legal Tender Act (1862)

  Hepburn and

  Legal Tender Cases

  Lerner, Max

  lethal injection

  Lincoln, Abraham

  circuit reorganization and

  constitutional interpretation and

  Emancipation Proclamation of

  presidential powers and

  Reconstruction as betrayal of philosophy of

  Supreme Court appointments by

  Taney and

  Lippmann, Walter

  Livingston, Brockholst

  Lochner, Joseph

  Lochner v. New York

  Lodge, Henry Cabot

  Loewe v. Lawlor

  Louisiana:

  Plessy

  Slaughterhouse

  Louisiana Purchase

  Louisville Courier-Journal

  Lowell, A. Lawrence

  loyalty

  Lurton, Horace H.

  Luther v. Borden

  Luttig, Michael

  Lynch, John

  Lyon, Matthew

  McCain, John

  McCarran Act (1950)

  McCulloch, William

  McCulloch v. Maryland

  McKenna, Joseph

  McKinley, William

  Supreme Court appointments by

  McLean, John

  appointed to Supreme Court

  death of

  McReynolds, James

  appointed to Supreme Court

  retirement of

  Madison, James

  checks and balances and

  at constitutional convention

  as Marbury defendant

  as Republican leader

  Supreme Court appointments by

  views of Supreme Court of

  Maine

  majority rule

  Malcolm, Janet

  Mapp v. Ohio

  Marbury, William

  Marbury v. Madison

  Maryland

  Marshall, James

  Marshall, John

  appointed chief justice

  associate justiceship declined by

  background of

  death of

  as Federalist

  Fletcher v. Peck and

  George Washington and

  Jackson and

  Jefferson and

  and judicial review

  judicial supremacy and

  leadership of court by

  McCulloch and

  Marbury and

  national supremacy over states and

  nationalism of

  “necessary and proper” clause

  opposition to

  property rights and

  and repeal of 1801 Judiciary Act

  as secretary of state

  Marshall, Thurgood

  appointed to Supreme Court

  on precedent and power

  segregation and

  Martin v. Hunter’s Lessee

  Mason, Alpheus Thomas

  Mason, George

  Matthews, Stanley

  Meese, Edwin

  Mercer, John

  Merryman, John

  Michelman, Kate

  Miers, Harriet

  military commissions

  Miller, Daniel

  Miller, Samuel

  appointed to Supreme Court

  as Lincoln Republican

  as Slaughterhouse author

  “Millionaire’s Amendment,”

  Minersville School District v. Gobitis

  Minton, Sherman

  Miranda v. Arizona

  Missouri Compromise of 1820,

  Mitchell, George

  Mitchell, John

  Monroe, James

  Supreme Court appointments by

  Moody, William H.

  Morehead v. New York ex rel. Tipaldo

  Morgan, J. P.

  Muller v. Oregon

  Munn v. Illinois

  Murdock v. Pennsylvania

  Murphy, Frank

  appointed to Supreme Court

  Japanese-American cases and

  as judicial activist

  NAACP (National Association for the Advancement of Colored People)

  Nation, The

  National Industrial Recovery Act (NIRA) (1933)

  National Labor Relations Board v. Jones & Laughlin Steel Corp.

  Nelson, Samuel:

  Civil War and

  Dred Scott and

  New Deal

  Supreme Court and

  New York:

  Gitlow v. New York

  Lochner v. New York

  Morehead v. New York ex rel. Tipaldo

  New York Herald-Tribune

  New York Times

  New York World

  Nixon, Richard

  Supreme Court appointments by

  U.S. v. Nixon

  Warren Court, as viewed by

  Norris, George

  Northern Securities Co. v. U.S.

  Obama, Barack

  on Constitution

  leadership challenge facing

  Supreme Court, as viewed by

  O’Connor, Sandra Day

  abortion and

  appointed to Supreme Court

  Bush v. Gore and

  in conservative bloc

  as judicial activist

  presidential power and

  retirement of

  as “swing” vote

  Ohio

  Akron

  Mapp

  Panic of 1819,

  paper currency

  Paterson, William

  Payne v. Tennessee

  Peckham, Rufus

  Pegler, Westbrook

  Pennsylvania

  Murdock

  Planned Parenthood

  Prigg

  Perry, Barbara

  Phillips, Wendell

  Pickering, John

  Pierce, Franklin

  Pitney, Mahlon

  Planned Parenthood v. Casey

  Plessy v. Ferguson

  Poff, Richard

  political advertising

  political parties

  Supreme Court and ; see also court-packing

  see also specific parties

  Pollock v. Farmers’ Loan and Trust Co.

  Populist party

  Posner, Richard

  Powell, Lewis F., Jr.

  appointed to Supreme Court

  as “swing” vote

  president

  and checks and balances

  challenges to judicial supremacy by

  court-packing by, see court-packing

  and departmentalist constitutional interpretation

  and ending judicial supremacy

  judges nominated by

  judicial review and

  majority rule and

  as part of three-horse team of government

  political accountability of

  power of, in Bush/Cheney era

  power of, in Civil War

  see also specific presidents

  press, freedom of

  Prigg v. Pennsylvania

  privacy rights

  abortion and

  Prize Cases

  Progressive party

  property rights

  in corporate profits

  and economic liberty

  Marshall and

  in slaves

  railroads

  antitrust action aga
inst

  as citizens

  labor and

  legal tender and

  railroad lawyers on the Supreme Court

  regulation of

  segregation and

  strikes and

  Rasul v. Bush

  Rayburn, Sam

  Reagan, Ronald

  Supreme Court appointments by

  Reagan v. Farmers’ Loan and Trust

  Reconstruction

  Reconstruction Act (1867)

  Red Monday

  Reed, Stanley

  regulatory laws, Supreme Court and

  Rehnquist, William

  appointed chief justice

  appointed associate justice

  Bush v. Gore and

  conservative leadership of

  as judicial activist

  as judicial realist

  opposition to Brown

  illness and death of

  Roe and

  Reid, Harry

  religious liberty

  Republican Party ( Jeffersonian)

  court-packing by

  Federalist attacks on

  formation of

  Jacksonian Democrats as heirs to

  Judiciary Act of 1801 and

  Marbury and

  opposition to Federalist bench

  states’ rights and

  Republican Party (modern):

  appeals to South of

  in Bush-Cheney era

  Republican Party (modern) (cont.)

  corporate interests and

  court-packing by see also court-packing; and specific presidents

  Dred Scott and

  formation of

  New Right in

  and postwar betrayal of Lincoln’s philosophy

  Theodore Roosevelt and

  restraint, judicial; see judicial restraint

  review, judicial; see judicial review

  Revolutionary War

  Riley, Richard

  Roane, Spencer

  Roberts, John

  appointed chief justice

  compromises with liberals by

  leadership of conservatives by

  precedent and

  presidential power and

  Roberts, Owen

  as ally of Four Horsemen

  FDR’s court-packing plan and

  Japanese-American cases and

  Roosevelt Court and

  Robertson, Pat

  Robinson, Joe

  Roe v. Wade

  conservative efforts to overturn

  as precedent

  role of, in Supreme Court appointments

  Romer v. Evans

  Roosevelt, Franklin D.

  court-packing plan of

  in election of 1936,

  on judicial review

  leadership of

  Supreme Court and New Deal of

  Supreme Court appointments by

  on Supreme Court decisions

  Supreme Court nominees’ views of court-packing plan

  Roosevelt, Theodore

  judicial referendum proposal of

  judicial review and

  Supreme Court appointments by

  Supreme Court, as viewed by

  Taft and

  Rosenberg, Julius and Ethel

  Ross, Michael

  Rove, Karl

  Rudman, Warren

  Rutledge, John

  Rutledge, Wiley

  Sanford, Edward T.

  Sanford, John

  Santa Clara Co. v. Southern Pacific R.R.

  Scalia, Antonin

  appointed to Supreme Court

  Bush v. Gore and

  as conservative activist

  in conservative bloc

  as originalist

  presidential powers and

  Roe and

  Schechter Poultry Corp. v. U.S.

  Schenck, Charles

  Schenck v. U.S.

  Schneiderman v. U.S.

  Schwartz, Bernard

  Scott, Dred, see Dred Scott

  search and seizure

  Sedition Act (1798)

  segregation

  Brown and

  Civil Rights Cases

  Jim Crow in South

  Plessy and

  in railroad cars

  in schools

  Seward, William

  Seymour, Horatio

  Sherman Anti-Trust Act (1890)

  Shiras, George

  Slaughterhouse Cases

  slavery

  and Compromise of 1850,

  Congress’s authority over

  Constitution and

  Dred Scott and, see Dred Scott

  Missouri Compromise and

  states’ rights and

  Supreme Court and

  Taney and

  Thirteenth Amendment abolishing

  slaves, freed, in Reconstruction

  Reconstruction Amendments and

  Smith, Adam

  Smith Act (1940)

  Social Darwinism

  Souter, David

  appointed to Supreme Court

  Bush v. Gore and

  shift to liberal bloc by

  speech, freedom of

  Stanton, Edwin

  State Department

  states’ rights

  Bush v. Gore and

  Federalists and

  Jeffersonian Republicans and

  Marshall Court and

  Reconstruction cases and

  slavery and

  Taney Court and

  stare decisis