The Supreme Court Interprets the Constitution
While the Framers of the Constitution were attempting an unprecedented experiment in democracy and freedom, their sense of who could participate in the government and enjoy its benefits was in many ways different from our understanding today. Interpretation of the intent of the Constitution and the Bill of Rights began with a Supreme Court case that, interestingly, involved James Madison, who was then secretary of state.
1803: Marbury v. Madison
The Supreme Court affirms the concept of judicial review (a court’s power to strike down a law based on whether it violates the Constitution), which allowed future courts to exercise this power.
Original court order in Marbury v. Madison (singed in a later fire)
The ratified Constitution, which was really the “Founders’ Constitution,” did not resolve the question of slavery, leading to interpretations like the 1857 Dred Scott decision that were based upon a narrow reading of the concept of rights and to whom they applied.
1857: Dred Scott v. Sanford
The Supreme Court holds that no African American can be a citizen and therefore has no right to sue or be represented in court, and that the federal government has no right to regulate slavery in any of the territories acquired since the United States began.
Painting of Dred Scott, based on only known photograph
Calderwood Writing Course: U.S. History
