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

by James Macgregor Burns

  Steamer, Robert

  Stevens, John Paul

  appointed to Supreme Court

  Bush v. Gore and

  compromises with conservative bloc

  as leader of liberal bloc

  Hamdan and

  Stevenson, Adlai

  Stewart, Potter

  Stone, Harlan Fiske

  appointed chief justice

  appointed associate justice

  Carolene and

  civil liberties and

  as dissenter

  leadership of court by

  FDR’s court-packing plan and

  Japanese-American cases and

  Story, Joseph:

  appointed to Supreme Court

  as Marshall ally

  Strader v. Graham

  Strong, William

  Strum, Philippa

  Stuart v. Laird

  Sumners, Hatton

  Sununu, John

  supremacy, judicial; see judicial supremacy

  supremacy clause in Constitution

  Supreme Court:

  activism in, see judicial activism; judicial restraint; and specific justices

  appointment of justices of ; see also specific presidents and justices

  authority over Congress ; see also Congress; judicial review

  checks and balances and

  circuit duty of justices on

  constitutional interpretation by, see constitutional interpretation; judicial activism; judicial restraint; judicial review; judicial supremacy

  ending supremacy of

  establishment of, by 1789 Judiciary Act

  Framers’ intentions and

  impeachment of justices on

  judicial review by, see judicial review

  life tenure for justices on

  number of justices on

  quarters for

  packing of, see court-packing

  political partisanship and ; see also court-packing; and specific political parties, justices, and presidents

  supremacy of, see judicial supremacy

  as third house of Congress

  see also specific issues, cases, and justices

  Supreme Court cases:

  Abrams v. U.S.

  Adair v. U.S.

  Akron v. Akron Center for Reproductive Health

  Bailey v. Drexel Furniture

  Baker v. Carr

  Baze v. Rees

  Boumediene v. Bush

  Brown v. Board of Education

  Bush v. Gore

  Carter v. Carter Coal Co.

  Charles River Bridge v. Warren Bridge

  Chicago, Milwaukee & St. Paul R.R. v. Minnesota

  City of Boerne v. Flores

  City of Richmond v. Croson

  Civil Rights Cases

  Cohens v. Virginia

  Colegrove v. Green

  Supreme Court cases (cont.)

  Crawford v. Marion County Election Board

  Dennis v. U.S.

  District of Columbia v. Heller

  Dred Scott, see Dred Scott

  Edwards v. California

  Escobedo v. Illinois

  Fletcher v. Peck

  Gideon v. Wainwright

  Gitlow v. New York

  Gray v. Sanders

  Griswold v. Connecticut

  Hamdan v. Rumsfeld

  Hamdi v. Rumsfeld

  Hepburn v. Griswold

  Hirabayashi v. U.S.

  Jones v. Opelika

  Korematsu v. U.S.

  Lawrence v. Texas

  Legal Tender Cases

  Lochner v. New York

  Loewe v. Lawlor

  Luther v. Borden

  McCulloch v. Maryland

  Mapp v. Ohio

  Marbury v. Madison

  Martin v. Hunter’s Lessee

  Minersville School District v. Gobitis

  Miranda v. Arizona

  Morehead v. New York ex rel. Tipaldo

  Muller v. Oregon

  Munn v. Illinois

  Murdock v. Pennsylvania

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

  Northern Securities Co. v. U.S.

  Payne v. Tennessee

  Planned Parenthood v. Casey

  Plessy v. Ferguson

  Pollock v. Farmers’ Loan and Trust Co.

  Prigg v. Pennsylvania

  Prize Cases

  Rasul v. Bush

  Reagan v. Farmers’ Loan and Trust

  Roe v. Wade, see Roe v. Wade

  Romer v. Evans

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

  Schechter Poultry Corp. v. U.S.

  Schenck v. U.S.

  Schneiderman v. U.S.

  Slaughterhouse Cases

  Strader v. Graham

  Stuart v. Laird

  U.S. v. Butler

  U.S. v. Carolene Products U.S. v. Cruikshank

  U.S. v. E. C. Knight Co.

  U.S. v. Nixon

  Wabash, St. Louis & Pacific R.R. v. Illinois

  Webster v. Reproductive Health Services

  West Coast Hotel v. Parrish

  West Virginia Board of Education v. Barnette

  Whitney v. California

  Sutherland, George

  appointed to Supreme Court

  as leading anti-New Deal conservative

  Swayne, Noah

  Taft, Robert

  Taft, William Howard

  appointed chief justice

  conservative judicial activism of

  Harding’s Supreme Court appointments influenced by

  Holmes and Brandeis and

  judicial review and

  leadership of court by

  retirement and death of

  role of Supreme Court, as viewed by

  Supreme Court appointments by

  Theodore Roosevelt and

  Taney, Roger B.

  appointed chief justice

  citizenship and

  Dred Scott and

  Ex parte Merryman and

  illness of

  Jackson and

  judicial restraint and

  judicial review and

  Lincoln and

  presidential powers and

  as Republican target

  slavery and

  states’ rights and

  on the Supreme Court’s role

  Union and

  taxes, and Supreme Court:

  to curb child labor

  federal processing

  income

  on judicial salaries

  licensing, and free speech

  regulatory

  by states

  Taxpayers Associations

  Tennessee Payne v. Tennessee

  terror, war on

  Texas

  City of Boerne

  Lawrence

  Roe

  Thomas, Clarence

  appointed to Supreme Court

  Bush v. Gore and

  as conservative activist

  as member of conservative “phalanx,”

  presidential power and

  Thompson, Smith

  Thornberry, Homer

  Thurmond, Strom

  Tilden, Samuel

  Todd, Thomas

  Truman, Harry

  Supreme Court appointments by

  trust-busting, see antitrust actions

  Tyler, John

  unions ; see also labor and workers’ rights

  U.S. v. Butler

  U.S. v. Carolene Products U.S. v. Cruikshank

  U.S. v. E. C. Knight Co.

  U.S. v. Nixon

  Vallandigham, Clement

  Van Buren, Martin

  Van Devanter, Willis

  retirement of

  Vermont

  Vietnam War

  Vinson, Fred

  appointed chief justice

  Brown and

  domestic communism and

  judicial restraint and

  Virginia

  City
of Richmond v. Croson

  Cohens

  Martin

  voting rights:

  Bush v. Gore and

  denial of, to African Americans

  Fifteenth Amendment and

  malapportionment and

  voting fraud law and

  Wabash, St. Louis & Pacific R.R. v. Illinois

  Wagner Act (1935)

  Waite, Morrison R.

  African-American rights and

  appointed chief justice

  state regulatory powers and

  states’ rights and

  Wall Street Journal

  War of 1812,

  Warren, Earl

  appointed chief justice

  Brown and

  civil liberties and

  criminal justice and

  leadership of court by

  liberal judicial activism of

  opposition to

  relations with colleagues

  resignation of

  voting rights and

  Washington, Bushrod

  appointed to Supreme Court

  as Marshall ally

  Washington.C.

  Washington, George

  court-packing by

  Federalism of

  Marshall and

  on Supreme Court’s role

  Watergate

  Wayne, James

  Wealth of Nations (Smith)

  Weaver, James B.

  Webster, Daniel

  Webster v. Reproductive Health Services

  Welles, Gideon

  West Coast Hotel v. Parrish

  West Virginia

  West Virginia Board of Education v. Barnette

  Wheeler, Burton

  Whig party

  Whiskey Rebellion

  White, Byron “Whizzer,”

  appointed to Supreme Court

  as judicial conservative

  Roe and

  White, Edward D.

  White, G. Edward

  White, William Allen

  White Monday

  Whitney v. California

  Whittaker, Charles

  Whittington, Keith

  Wilkinson, J. Harvie

  Williams, George

  Wilmot, David

  Wilmot Proviso

  Wilson, James

  Wilson, Woodrow

  Supreme Court appointments by

  on judicial reform

  Wisconsin

  Woods, William B.

  workers’ rights, see labor and workers’ rights

  World War I,

  World War II,

  Japanese Americans and