
In honor of America’s 250th celebration, we take a look at the rich legal history of our country by highlighting some of the earliest years of the U.S. Supreme Court and perhaps the most important case to date.
Be sure to read to the end for a fun summer bonus!
The Early Years 1776 – 1803
In 1776, the Declaration of Independence was signed, giving birth to the United States of America. It would, however, take a war and over ten years before the U.S. Constitution was created in 1787, establishing the Judicial branch of government through Article III of the Constitution. Later, Congress passed the Judiciary Act of 1789, giving greater definition to the judicial branch of government, including establishing the U.S. Supreme Court (SCOTUS) and the lower federal court system.
Holding its first session in 1790, the Supreme Court was not initially viewed as the prestigious institution it is today. In the initial years, the Supreme Court lacked the same perceived level of responsibility and authority as the other two branches of government; justices were tasked with traveling across the country to the various federal circuit courts, and the court lacked consistent leadership, hosting four Chief Justices within the first few years. The first Chief Justice of the Supreme Court was John Jay, who left the Supreme Court to serve as Governor of New York after only a few years!
DID YOU KNOW? The original Supreme Court was comprised of six judges, not nine. Over the years Congress has changed the number of judges from as few as five to as many as ten. The current nine judge structure was created in 1869 following the Civil War.
One aspect of the Supreme Court that has been true from the very beginning is its ability to make substantial and impactful decisions – some of which invite strong criticism and controversy. A perfect example is the early case Chisholm v. Georgia (1793), which held that states could be sued in federal court by citizens of another state. This decision was viewed widely as a threat to state sovereignty and led to the ultimate adoption of the Eleventh Amendment!
Despite some significant decisions in the early years, arguably the most important case in American Legal history, Marbury vs. Madison, was decided in 1803, reshaping the role of the U.S. Supreme Court forever.
It is emphatically the province and duty of the judicial department to say what the law is.
Chief Justice John Marshall– Marbury v. Madison
In Marbury vs. Madison, the Supreme Court held that a provision of the Judiciary Act of 1789 conflicted with the scope of original jurisdiction provided by Article III of the Constitution. The court held that the Congressional provision in the Judiciary Act of 1789 could not supersede the Constitution and “struck down” the conflicting provision of the Judiciary Act as unconstitutional. The Court’s act of constitutional interpretation of a Congressional act established the principle of Judicial Review and solidified the concept of “checks and balances” within the federal government, providing the Court the unique ability to determine the constitutionality of legislative acts.
Learn more about the “Midnight Judges” and the Groundbreaking case Marbury v. Madison

- Marbury v. Madison
- Marbury v. Madison | BRI’s Homework Help Series
- Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803): Case Brief Summary | Quimbee
- Marbury v. Madison Case Brief Summary | Law Case Explained
- Introduction – Marbury v. Madison: Primary Documents in American History – Research Guides at Library of Congress
Beyond Marbury v. Madison…
Marbury v. Madison established the authority upon which the modern U.S. Supreme Court operates today, but it is only one in hundreds of Supreme Court decisions that have played a profound role in shaping our understanding of the U.S. Constitution and informing every aspect of our society today.
Important legal cases demonstrate the critical relevance of the Judiciary and help illuminate the impact lawyers can have through their professional work. Learning about the history of the Judiciary helps us understand its importance and also appreciate its role in our greater democracy.
Learn More!
- National Archives | Home
- Research Guides at the Library of Congress
- Sources for Early American Legal History – Research Guides at Harvard Library
- The D’Angelo Law Library – The University of Chicago Library
- Charters & Constitutions – American Legal History Online Sources – Library Guides at UChicago
- American Legal History Research Guide – Guides at Georgetown Law Library
- Historic American Law – Research Guides at Library of Congress
- American Society for Legal History – https://aslh.net/
- American Legal History Podcast – https://alhtji.libsyn.com/
- The Court and Its Traditions – Supreme Court of the United States
- The Supreme Court History and Traditions
Law on the Screen…
It can also be very inspiring to see the work of lawyers and the court come to life on the big screen. In fact, many prospective law students cite TV shows or movies (we see you, To Kill A Mockingbird) as serving as early inspiration for their interest in law. Whether based in real life, inspired by real issues of our time, or completely fictional (we are looking at you, Legally Blonde), there is often nothing like a good courtroom movie for those who love the law. In honor of the summer season of blockbuster movies, we have compiled a highlight of some great movies featuring legal cases (most real, some not so real)!








