Timothy S. Huebner
The Supreme Court of the United States stands at the head of the nation’s judicial system. Created in Article III of the Constitution of 1787 but obscured by the other branches of government during the first few decades of its history, the Court came into its own as a co-equal branch in the early 19th century. Its exercise of judicial review—the power that it claimed to determine the constitutionality of legislative acts—gave the Court a unique status as the final arbiter of the nation’s constitutional conflicts. From the slavery question during the antebellum era to abortion and gay rights in more recent times, the Court has decided cases brought to it by individual litigants, and in doing so has shaped American constitutional and legal development. Composed of unelected justices who serve “during good behavior,” the Court’s rise in stature has not gone uncontested. Throughout the nation’s history, Congress, the president, and organized interest groups have all attempted to influence the Court’s jurisdiction, composition, and decision making. The Court’s prominence reflects Americans’ historically paradoxical attitudes toward the judiciary: they have often been suspicious of the power of unelected judges at the same time that they have relied on independent judicial institutions to resolve their deepest disputes.
Steven K. Green
Separation of church and state has long been viewed as a cornerstone of American democracy. At the same time, the concept has remained highly controversial in the popular culture and law. Much of the debate over the application and meaning of the phrase focuses on its historical antecedents. This article briefly examines the historical origins of the concept and its subsequent evolutions in the nineteenth century.
Christopher W. Schmidt
One of the most significant protest campaigns of the civil rights era, the lunch counter sit-in movement began on February 1, 1960 when four young African American men sat down at the whites-only lunch counter of the Woolworth store in Greensboro, North Carolina. Refused service, the four college students sat quietly until the store closed. They continued their protest on the following days, each day joined by more fellow students. Students in other southern cities learned what was happening and started their own demonstrations, and in just weeks, lunch counter sit-ins were taking place across the South. By the end of the spring, tens of thousands of black college and high school students, joined in some cases by sympathetic white students, had joined the sit-in movement. Several thousand went to jail for their efforts after being arrested on charges of trespass, disorderly conduct, or whatever other laws southern police officers believed they could use against the protesters.
The sit-ins arrived at a critical juncture in the modern black freedom struggle. The preceding years had brought major breakthroughs, such as the Supreme Court’s Brown v. Board of Education school desegregation ruling in 1954 and the successful Montgomery bus boycott of 1955–1956, but by 1960, activists were struggling to develop next steps. The sit-in movement energized and transformed the struggle for racial equality, moving the leading edge of the movement from the courtrooms and legislative halls to the streets and putting a new, younger generation of activists on the front lines. It gave birth to the Student Nonviolent Coordinating Committee, one of the most important activist groups of the 1960s. It directed the nation’s attention to the problem of racial discrimination in private businesses that served the public, pressured business owners in scores of southern cities to open their lunch counters to African American customers, and set in motion a chain of events that would culminate in the Civil Rights Act of 1964, which banned racial discrimination in public accommodations across the nation.
Rebecca J. Mead
Woman suffragists in the United States engaged in a sustained, difficult, and multigenerational struggle: seventy-two years elapsed between the Seneca Falls convention (1848) and the passage of the Nineteenth Amendment (1920). During these years, activists gained confidence, developed skills, mobilized resources, learned to maneuver through the political process, and built a social movement. This essay describes key turning points and addresses internal tensions as well as external obstacles in the U.S. woman suffrage movement. It identifies important strategic, tactical, and rhetorical approaches that supported women’s claims for the vote and influenced public opinion, and shows how the movement was deeply connected to contemporaneous social, economic, and political contexts.
Terri L. Snyder
Everywhere across European and Indigenous settlements in 17th- and 18th-century North America and the Caribbean, the law or legal practices shaped women’s status and conditioned their dependency, regardless of race, age, marital status, or place of birth. Historians have focused much of their attention on the legal status, powers, and experiences of women of European origin across the colonies and given great consideration to the law of domestic relations, the legal disabilities of coverture, and women’s experiences as plaintiffs and defendants, both civil and criminal, in colonial courts. Early American legalities, however, differed markedly for women of color—whether free, indentured, or enslaved, and whether Native or African in origin or descent—whose relationships to the legal regimes of early America were manifold and complex. In their status under the law, experiences at the bar, and, as a result, positions in household polities, women of color reckoned with a set of legalities that differed from those of their European counterparts. The diversity of women’s experiences of the law was shaped not only by race but also by region: Indigenous people had what one historian has labeled jurispractices, while Europeans brought and created a jurisprudence of race and status that shaped treatments of women of color across imperial spaces. A widely comparative analysis of women and the law reflects ways in which race shaped women’s status under and experiences of the law as well as the legalities of their marriages in pre-Revolutionary America.