Now here’s a provocative question, raised by Brad DeLong’s son and initially discussed over here.
What was the most important court case in history?
At the moment, comments lean towards Marbury v. Madison, which established the principle of judicial review. There are some votes for the Dred Scott decision, which ruled that Congress could not prohibit slavery in US territories, thus helping to precipitate the US Civil War.
Brad doesn’t exclude cases beyond US borders, but I’m not familiar enough with those to even consider them. Personally I vote for Marbury, because without it every subsequent Court decision would have been challenged by Congress. Instead, when the Court rules on the constitutionality of legislation and decides it doesn’t pass muster, Congress, if it really thinks the law is needed, must try to craft better legislation. (At least that’s my understanding; if I’m wrong, let the argument begin.)
Any thoughts?
Wow. I think I’m out of my depth here, but surely Brown v. Board of Education should be up there.
Of course, I’m still upset about “Supreme Court Appointee Bush” (the 2000 decision that resulted in out current President), but I digress.
Ah, but that’s where it gets interesting, Shelley. There’d have been no need for a Brown v. Board had it not been for Plessy v. Ferguson in 1896. That one decided that “separate but equal” was ok.
Yes. That’s true. I teach Plessy v. Ferguson and Brown together. Students can’t believe that “separate but equal” was *ever* OK.
Loving v. Virginia is another one that’s important (and timely).