American History Tellers

In the early 20th century, coal was the fuel that powered the nation. But the men who mined it in the rugged and remote hills of West Virginia endured harsh exploitation by the coal companies that controlled their lives. In the spring of 1912, miners in West Virginia’s Kanawha Valley rose up against the companies and their powerful allies in law enforcement with a strike for their right to join a union.

But the mine operators responded with force. They hired private security agents to attack the miners and their families and evict them from their homes. Soon, the escalating conflict brought the era’s most notorious labor activist, Mother Jones, to the scene. A self-described “hellraiser,” Jones joined forces with miners on the ground, sparking a series of bloody armed clashes that would rage across West Virginia for the next decade.

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Throughout our series, we've seen how social movements and partisan politics helped influence the decisions of landmark U.S. Supreme Court cases, and thus shape America itself. But how did the Supreme Court get so powerful when America's founders imagined a more limited role? Today, the idea of court-packing, first proposed by Roosevelt to push through his New Deal agenda, is back as a way to rein in the power of the Court. In this episode, Lindsay speaks with Rachel Shelden, an associate professor of history at Penn State and director of the George and Ann Richards Civil War Era Center about how the Court’s power has grown since its founding, and how politicians and presidents could use that to their advantage.

For more on Rachel Shelden: https://history.la.psu.edu/directory/ras6620

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In 1970, a 22-year-old woman in Texas named Norma McCorvey tried and failed to get an abortion from her doctor. Abortion was illegal in Texas, just as it was in most states. Women hoping to terminate their pregnancies had few options, and many resorted to risky back-alley procedures.

McCorvey was soon introduced to a pair of young lawyers who hoped to go to court to challenge the Texas law banning abortion. Before long, McCorvey became the plaintiff known only as “Jane Roe.”

Her case eventually made its way to the Supreme Court, where the Justices would rule on whether the constitutional right to privacy applied to abortion. The Court’s landmark ruling changed the lives of American women, and unleashed intense controversy, dividing the nation for decades to come.

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The morning of Nov. 8, 2000, Americans woke up to an undecided election. Pollsters had predicted a close race between Vice President Al Gore and Texas Governor George W. Bush, but no one knew just how narrow the margins would be. It all hinged on Florida, where 25 electoral votes were up for grabs.

Over the next 36 days, armies of lawyers waged a bitter fight to determine how to count the votes in Florida. It was a battle that would eventually find its way to the Supreme Court.

In its long history, the Court had been asked to weigh in on political matters, but never before had it intervened in the results of a presidential election. The case that became known as Bush v. Gore would ultimately send one man to the White House and expose the Court to intense public scrutiny.

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Before the 1950s, the Supreme Court was best known as an institution that adhered to the status quo. It often sought to protect the rights of property owners and businessmen, shying away from cases that took direct aim at controversial social or political issues.

But when a popular former California governor became Chief Justice in 1953, all that changed. Earl Warren’s court would take on some of the hottest issues of the times, ruling on cases where individual rights would take precedent, such as Brown v. Board of Education and Baker v. Carr, and where First Amendment and Fifth Amendment rights would be strengthened, such as Engle v. Vitale and Miranda v. Arizona. 

For sixteen years, the Warren Court would radically reshape the legal and social landscape of America.

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Through most of 1941, as fighting raged across Europe, the United States held back from entering the war. That all changed in December, when Japanese fighter planes bombed Pearl Harbor and the nation found itself mobilizing for World War II. Suddenly, the frenzy to fight enemies abroad turned to suspicion against those at home.

President Roosevelt signed Executive Order 9066, giving the military the power to detain and permanently jail over 110,000 Japanese Americans living on the West Coast. But three young detainees would defy their fate.

Fred Korematsu, Gordon Hirabayshi and Mitsuye Endo would challenge the U.S. policy of Japanese internment and bring their cases all the way to the Supreme Court — pitting the wartime powers of the United States against the constitutional rights of American citizens.

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After the Civil War, America began to rebuild a shattered nation. For the first time, the country could create a society without slavery, and a nation where Black people could forge their own path as independent citizens.

But by the 1890s, the laws and policies that promised new rights for Black citizens in the South were under assault. In Louisiana, white politicians attempted to turn back the clock on racial progress by passing the Separate Cars Act and reinstating segregation. 

The move prompted a Black New Orleans activist group called the Comité des Citoyens to rise up and challenge the law. Members Louis Martinet and Albion Tourgee aimed to build a test case – a case that would force the Supreme Court to strike down segregation laws, and disprove the idea that “separate” could ever be “equal.” 

The high-stakes case would define race relations for decades to come. And it would begin with a brief train car ride in New Orleans, by a 29-year-old shoemaker named Homer Plessy.

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In the early 1800s, the United States was growing rapidly, seeking land and resources for its expanding population. But the growth threatened Native American communities throughout the East. In the southern Appalachia region, the Cherokee Nation held millions of acres of prime farmland and forests, managed by a centuries-old tradition and a thriving government. But the state of Georgia, and a relentless President Andrew Jackson, set their sights on seizing the land. 

When the Georgia statehouse declared political war, Cherokee advocates fought back. Newspaper publisher Elias Boudinot and Cherokee Chief John Ross took their challenge all the way to the Supreme Court, forcing Chief Justice John Marshall to weigh in on two monumental cases, Cherokee Nation v. Georgia and Worcester v. Georgia. 

At stake was a decision that would test the limits of the high court’s power -- and determine the future and sovereignty of a threatened nation. 

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After the War of Independence, the new American government created the Supreme Court to be have the final word on disputes that the states couldn’t settle. But at first, the Court was anything but Supreme.

For nearly a decade, Congress and the President held the real power. In practice the Supreme Court was weak, ineffectual and disorganized – a post so unappealing that many men turned down nominations to serve on its bench. 

All that would change with the appointment of Chief Justice John Marshall and the arrival of a case called Marbury v. Madison — a political drama that would embroil the new President Thomas Jefferson, outgoing president John Adams, the U.S. Congress, and even the Chief Justice himself.

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The year 1968 marked a watershed in American politics. Anti-war protests were roiling the country. Civil rights leader Martin Luther King Jr. was shot dead in Memphis. Democratic President Lyndon Johnson’s approval rating was plummeting. The assassination of Democratic presidential hopeful Robert Kennedy would throw the party into disarray, toppling the New Deal coalition built by Franklin Delano Roosevelt two generations earlier and leading to a conservative surge.

The political sea change would drive Republican nominee Richard Nixon to the White House in 1968. And it would eventually elect a former actor and California governor who would change the face of American politics in ways that are still being felt to this day. His name was Ronald Reagan.

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