The Dred Scott decision denied African Americans citizenship, upheld slavery, and marked the first use of judicial review since Marbury v. Madison

The Dred Scott decision denied citizenship to people of African descent

In 1857, the Supreme Court ruled in Dred Scott v. Sandford that Black Americans could not be US citizens. The decision heightened an already brewing conflict and became a key factor in pushing the nation toward civil war.

The 14th Amendment aimed to guarantee citizenship for formerly enslaved people

The 14th Amendment was crafted to overturn Dred Scott by granting birthright citizenship to formerly enslaved people and their descendants, securing their legal status under federal law.

A single 1803 Supreme Court case, Marbury v. Madison, gave courts the power to strike down acts of Congress.

Marbury v. Madison established the Supreme Court's power of judicial review

The 1803 ruling empowered courts to strike down laws that violate the Constitution, permanently expanding the Supreme Court's authority and cementing its role as a coequal branch. This video explains the case and its lasting impact.

Explore the most impactful Supreme Court cases in US history

Browse by constitutional topic to explore key rulings, their historical impact, and the legal principles they established. Each case includes a summary of the decision, along with notable excerpts from majority and dissenting opinions.

Explore the nearly 1,000 laws, regulations, and provisions the court has held unconstitutional since Marbury v. Madison

Over more than two centuries, the Supreme Court has struck down nearly 1,000 federal, state, and local measures—exercising its authority to invalidate laws that conflict with the Constitution and shaping civil rights, the separation of powers, and the scope of government authority.

Read the majority opinion that established judicial review

In his opinion in Marbury v. Madison, Chief Justice John Marshall argued that a written constitution is "paramount law" and that courts must refuse to enforce statutes that conflict with it. He declared that "it is emphatically the province and duty of the Judicial Department to say what the law is."

Marshall used deft political maneuvering to increase the court's power in Marbury v. Madison

This podcast explores how Chief Justice John Marshall avoided a direct clash with President Jefferson by denying William Marbury his commission—while simultaneously declaring that courts can strike down unconstitutional laws—cementing judicial review, and expanding the Supreme Court's authority.

An 1873 Supreme Court case about slaughterhouses weakened parts of the 14th Amendment

In 1873, the Supreme Court's Slaughterhouse Cases ruled that the 14th Amendment's "privileges or immunities" clause protected only federal—not state—citizenship rights, greatly limiting the amendment's power to safeguard enslaved people from state discrimination.

John Marshall advanced federal supremacy and judicial review

Marshall's jurisprudence emphasized that the Constitution is the supreme law of the land, enforceable by an independent judiciary. Through his court's decisions, he affirmed judicial review, broad implied powers for Congress, and federal authority to override conflicting state laws.

Plessy v. Ferguson legalized segregation until Brown v. Board of Education overturned it

In 1896, the Supreme Court upheld racial segregation under the "separate but equal" doctrine, enabling decades of discrimination. This explainer traces how Brown later ruled school segregation unconstitutional and reshaped civil rights law.

John Marshall owned enslaved people and ruled against them in slavery cases

Though Marshall wrote that slavery was "contrary to the law of nature," he enslaved nearly 200 people at his death in 1835 and ruled against enslaved claimants in several cases. His will offered conditional emancipation to Robin Spurlock, his first slave.

A court designed to be the least powerful branch of government became one of the most influential institutions in America.

Ratified in 1868, the 14th Amendment guaranteed citizenship to all people born in the United States and required states to provide equal legal protection to all.

Take a deep dive into the constitutional foundations of judicial review

In this episode of "This Constitution," the hosts take a law-focused approach to judicial review—examining its roots in Article III and the supremacy clause, its development through Marbury v. Madison, and the ongoing constitutional debates about whether the court's power strengthens or strains American democracy.

John Marshall strengthened the Supreme Court and national authority

As chief justice, John Marshall established the principle of judicial review. He reinforced federal supremacy in key cases, defining the Supreme Court as a powerful arbiter between states and the national government under the US federal system.

John Marshall inherited a marginal and largely inactive Supreme Court

By 1801, the court had little institutional authority or public standing. Its first three chief justices served only 11 years combined, and in its first decade, the court decided only 63 cases—none of which struck down a federal or state law.

Read an annotated 1866 essay by abolitionist Frederick Douglass, where he laid out his vision for reshaping America after the Civil War.

Roe v. Wade recognized a constitutional right to abortion until Dobbs v. Jackson Women's Health Organization overturned it

For decades, the Supreme Court shaped abortion access through constitutional rulings, from Roe's recognition of a right to abortion to Dobbs' returning regulatory power to the states. This explainer tracks key cases, impacts, and current justices' views.

Read SCOTUSblog for daily, nonpartisan coverage of the US Supreme Court

Founded in 2002, SCOTUSblog offers expert analysis from lawyers, professors, and journalists. The blog provides transparent, unbiased explanations of significant cases, real-time updates on decisions, and insights into court nominations and trends.

The powers of the judicial branch have expanded since the nation's founding

Initially, the Supreme Court was seen as the weakest branch, lacking "the power of the sword or the purse," as Alexander Hamilton noted in *Federalist No. 78*. This podcast explores the political conflicts and pivotal decisions that transformed the court into the powerful constitutional authority it is today.

Francis Scott Key was opposed to slavery in principle, though he held slaves and was opposed to abolition.

Robert Smalls escaped slavery by piloting a stolen Confederate ship to freedom, then became an influential Black political leader during Reconstruction.

A 2013 Supreme Court case weakened federal oversight of redistricting

In Shelby County v. Holder, the Supreme Court struck down the Voting Rights Act's preclearance formula, reducing federal oversight of voting laws—including redistricting—and allowing changes to take effect without prior approval.

Cases during John Marshall's tenure defined the principles of federal Indian law

During Marshall's tenure, three landmark rulings—Johnson v. M'Intosh, Cherokee Nation v. Georgia, and Worcester v. Georgia—established foundational doctrines of federal Indian law, defining tribal sovereignty, limiting state authority, and placing primary responsibility for Native affairs in the federal government.

Hear a narrative account of Justice John Marshall's 'simple' upbringing and his major impact on the American republic.

Black Americans were systematically excluded from juries for much of US history

Literacy tests, poll taxes, and even explicit laws kept Black Americans off juries until well into the 20th century. The Jury Selection and Service Act of 1968 mandated that federal juries reflect a fair cross-section of the community, though racial disparities in jury selection persist.

Hear leading experts on constitutional law discuss the legacy and impact of Marshall

In this podcast, constitutional scholars Michael Gerhardt (University of North Carolina) and Kevin Walsh (University of Richmond) analyze Marshall's 34-year tenure, assessing his role in establishing judicial review, expanding federal power, and shaping the court's institutional authority.

The Reconstruction Amendments aimed to rebuild the nation and secure freedom after slavery

Ratified between 1865 and 1870 after the conclusion of the war, the 13th, 14th, and 15th Amendments abolished slavery, guaranteed citizenship and equal protection, and extended voting rights to Black men—transforming the Constitution's definition of liberty and equality.

Early American citizenship was defined inconsistently by individual states.

The Lincoln-Douglas debates sharpened the national divide over slavery

In 1858, Abraham Lincoln and Senator Stephen Douglas debated while competing for an Illinois Senate seat. Their seven debates, reprinted nationwide, brought the question of slavery to the forefront—further polarizing the country and propelling Lincoln to national prominence.

The 2025-26 Supreme Court docket is poised to reshape presidential power

As the Supreme Court begins a new term, several major cases could define the scope of presidential authority. The court may rule on President Trump's efforts to control state National Guard units, fire independent officials, impose tariffs, and cut congressionally mandated federal spending.

The Nationality Act of 1790 restricted new citizenship to 'free white persons'

The first federal citizenship law limited naturalization to white immigrants, excluding enslaved people, Indigenous communities, and most non-Europeans.

Listen to firsthand accounts of how Black Americans fought to end slavery and shape Reconstruction

This podcast explores the actions of Black Americans who fought for freedom before, during, and after the Civil War—highlighting their key role in abolition and the Reconstruction era.

Reynolds v. United States (1878) established that religious belief is not a defense for a crime

In the first major Supreme Court case on the free exercise clause, the court ruled that the government cannot regulate religious belief, but it can regulate religious practice if it violates the law. The case arose from a Mormon man convicted of polygamy who argued his faith required it.

William Marbury was a wealthy Federalist insider

Marbury was a prosperous Georgetown businessman, bank director, and slaveholder with close ties to the Federalists. His appointment as a justice of the peace, which was never delivered, sparked the Marbury v. Madison case.

Experts believe a Supreme Court ruling on birthright citizenship is likely in 2026

In September 2025, the Trump administration asked the Supreme Court to review lower court rulings striking down its executive order on birthright citizenship. If the court takes the case, a decision is expected by mid-2026.

The Supreme Court limited federal judges' power to issue nationwide injunctions in 2025

In a 2025 decision arising from litigation over a presidential order on birthright citizenship, the Supreme Court held that individual federal judges may not nationwide block executive policies—curbing the use of sweeping injunctions and reshaping how constitutional challenges proceed through the courts.

The early DOJ led the first major federal civil rights prosecutions

During Reconstruction, the newly formed Department of Justice prosecuted Ku Klux Klan violence in the South—securing over 1,000 indictments and more than 500 convictions by 1873 in defense of newly established civil rights protections.

The Supreme Court has greatly expanded executive power in recent years

In Trump v. United States, the court ruled that a former president enjoys absolute immunity for "official acts" in his constitutional core powers. In Trump v. CASA, Inc., the court limited federal courts' ability to block executive enforcement through nationwide injunctions—decisions that shifted power toward the executive branch.

In the US, any court can rule on constitutionality—unlike in most other countries

In the American system, known as diffuse judicial review, federal and state courts at every level may assess whether laws comply with the Constitution, and their decisions are ultimately reviewable by the Supreme Court. Many other democracies, by contrast, reserve constitutional review to specialized constitutional courts.

Madison condemned slavery in theory while owning slaves

James Madison argued that slavery violated Revolutionary ideals. Yet, he inherited and managed more than 100 enslaved people to operate the family's 3,000-acre plantation, brought enslaved laborers to the White House, and later sold them for personal profit.

Marbury v. Madison also has implications for presidential power and transitions

This podcast episode explores how Marbury v. Madison extends beyond judicial review, examining its implications for presidential authority, administrative control, and the tensions that arise during transitions of power between outgoing and incoming administrations.

The Supreme Court's first major free-speech ruling rested on a legal standard that was later overturned

In Schenck v. United States (1919), the court introduced the "clear and present danger" test—permitting the government to restrict speech that posed an immediate threat to public safety. Although the doctrine was later replaced, the ruling upheld the conviction of a man who had distributed anti-draft pamphlets.

Slavery in the US: a timeline

In 1619, a ship with 20 captives landed at Point Comfort in Virginia, ushering in the era of American slavery. Scroll through this timeline to learn more about slavery in the US and its long lasting effects.

An 1898 Supreme Court case confirmed birthright citizenship for children of immigrants

In 1898, the Supreme Court ruled that the 14th Amendment guaranteed US citizenship to Wong Kim Ark, born in San Francisco to Chinese immigrants—establishing a lasting precedent for birthright citizenship regardless of parental status.

Citizens United extended First Amendment protections to corporate political spending

The Supreme Court's 2010 decision struck down limits on independent political expenditures by corporations and other organizations, ruling that such spending is protected speech—a decision that was deeply contested and reshaped campaign finance law.

Thomas Jefferson and John Marshall clashed over national power and states' rights

Distant cousins Jefferson and Marshall advanced opposing constitutional visions—Jefferson favoring states' rights and local majorities, while Marshall defended broad federal authority and judicial review. Through decisions such as McCulloch v. Maryland, Marshall advanced national supremacy over state resistance.

John Marshall presided over more than 1,100 Supreme Court decisions

During his 34-year tenure, the Marshall court issued 1,129 decisions, including 1,042 unanimous rulings. Marshall authored more than 500 majority opinions—over half of the court's total output during his tenure as chief justice.

The end of Reconstruction paved the way for Jim Crow segregation

After federal troops withdrew in 1877, white Democrats regained control of Southern governments, dismantled Reconstruction reforms, and imposed segregation laws. By the 1890s, Jim Crow statutes had entrenched racial discrimination and Black disenfranchisement across the South.