Guides: Supreme Court Research Guide: History of the Supreme Court

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History of the Supreme Court

In constructing a history of the Supreme Court, naturally one could look towards its history of decisions. Furthermore, one could also consider the justices, their views, and their writings (such as books, letters, or journals). Given the breadth and openness of the topic, there are endless potential strategies for understanding the Supreme Court. As such, this section focuses on general histories of the Supreme Court.

Fortunately, there is a tangible point in which the the Supreme Court was conceived. Article III, § 1 of the U.S. Constitution provides that "[t]he judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." In accordance with this constitutional provision, the Supreme Court of the United States was created under the Judiciary Act of 1789, ch. 20, 1 Stat. 73 with six Justices. The Court first assembled on February 1, 1790 in New York City, which was then the nation's Capital. The first cases, however, did not reach the Supreme Court until its second year. The earliest sessions were devoted to organizational proceedings. The Court expanded to nine members in 1869 (Judiciary Act of 1869, ch. 22, 16 Stat. 44). 28 U.S.C. § 1251 et seq. and other special statutes confer jurisdiction on the Supreme Court.

For more information about the history of the court, the following sources offer general histories; this list is by no means exhaustive.

The Supreme Court Historical Society
Founded by Chief Justice Warren E. Burger, the Society, a private non-profit organization, is dedicated to the collection and preservation of the history of the Supreme Court of the United States. The website provides information about the history of the Court, a list of the most significant oral arguments heard by the Supreme Court from 1955 to 1993, and some full text access to a few of its publications, such as the Journal of Supreme Court History and the newsletter SCHS Quarterly.
About the Supreme Court
(Supreme Court of the United States website) Provides information on the history of the Court, including its traditions, oaths of office, Justices, the building, and more.
History of the Federal Judiciary
(Federal Judicial Center) Includes biographical information on federal judges, history of federal courthouses, landmark judicial legislation, and more.

History of the Supreme Court of the United States
Multivolume, comprehensive history of the Supreme Court from the beginning to the Warren Court.
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As of 2022, the following volumes have been published: Antecedents and Beginnings to 1801; Foundations of Power: John Marshall, 1801-15; The Marshall Court and Cultural Change, 1815-35; The Taney Period, 1836-64; Reconstruction and Reunion, 1864-88; Five Justices and the Electoral Commissions of 1877; Troubled Beginnings of the Modern State, 1888-1910; The Judiciary and Responsible Government, 1910-21; and The Birth of the Modern Constitution: The United States Supreme Court, 1941-1953.
The Supreme Court : controversies, cases, and characters from John Jay to John Roberts
This four-volume set examines the Supreme Court chronologically with special focus on the constitutional role of the Court.
The American Supreme Court (6th ed.)
Includes a bibliographical essay covering general reference works and a list of important dates.
A People's History of the Supreme Court
History of the Supreme Court as told through important constitutional cases expounded in the social and political context of the times.
The Oxford Companion to the Supreme Court of the United States (2d ed.)
Extensive History of the Court article. Also available electronically though Oxford Reference Online.
The Illustrated History of the Supreme Court of the United States
(KF8742 .S52 1986)
The Documentary History of the Supreme Court of the United States, 1789-1800
Eight-volume set which provides the raw documentation - official records, private papers, and other primary sources - for scholars to study and interpret the development of the Court in its first decade
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Produced by the Supreme Court Historical Society and the Supreme Court of the United States with the encouragement of Chief Justice Warren E. Burger, it provides scholars and lawyers with the first accurate record of all cases heard by the Supreme Court between 1790 and 1800. It also presents an ample selection of contemporary comment about the Justices and their duties, the business of the Court, and the function of the Court in the constitutional framework. The criteria for inclusion of documents are explained in each volume.
The Court and the Constitution
(KF4550 .C69 1987, also online)
The Supreme Court: An Essential History
(KF8742.Z9 H64 2007, also online) A concise history organized by chief justice; includes a bibliographic essay of other works on the history of the Court.
The Supreme Court in United States History
(KF8742 .W37 1923) A three-volume "narrative of a section of our National history connected with the Supreme Court" from the beginning to the early 1900s.

Supreme Court Research Guide

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History of the Supreme Court

Further Reading