When it airs: Overnight schedule |
Social Studies; Grades 9-12. Four 60-minute episodes.
101 - One Nation Under Law
This episode examines
the creation of the court and follows it through the brink of the Civil War,
paying particular attention to the fourth chief justice of the Supreme Court -
John Marshall - and to his successor, Roger Taney. Marshall presided over one of
the most famous cases before the court while Taney presided over one of the most
infamous. In Marbury v. Madison (1803), Marshall found in an obscure case
involving an unsigned judicial appointment the opportunity to assert the court's
most important power: the right of judicial review. In Dred Scott v. Sandford
(1857), however, Taney, the next chief justice, exercised that same power
against the national government - to protect slavery. "It was a disaster," says
James Simon, law professor, dean emeritus, New York Law School. "It was the
worst opinion ever written in the history of the Supreme Court of the United
States."
102 - A New Kind of Justice
This episode explores
the issues before the court during the period after the Civil War, a time of
unprecedented economic growth, when industrialists like Carnegie and Rockefeller
were earning millions. As corporations became more powerful they found an
unlikely ally in the Supreme Court. While the 14th Amendment was passed to make
certain that the states were obligated to recognize the rights of the newly
freed slaves, the court would for almost 100 years use the amendment to protect
not blacks but big business, recognizing corporations as "persons" and awarding
them sweeping legal protection.
103 - A Nation of Liberties
This episode focuses on
the court's reaction to state and federal legislation on Bill of Rights
freedoms, with special attention to the explosion of civil rights cases from the
early 1940s to the present. This program highlights the Warren Court as it
confronts the issues of race, gender and religion. "This is a watershed time in
the court's history," says Joan Biskupic, journalist and author, in THE SUPREME
COURT. "You have World War II. You have McCarthyism. You have the Cold War. You
have the civil rights struggles. There's tension between national security,
national identity, free speech, individual rights. And it falls into the lap of
these nine justices to sort it all out."
104 - The Rehnquist Revolution
This episode details
the extraordinary opportunity exploited by President Richard Nixon: to name four
of the court's nine judges, effectively wiping out almost half of the Warren
court. The last hour of the series also investigates how the court, especially
under the leadership of Chief Justice William Rehnquist, rose in importance to
become the institution most responsible for resolving the central questions of
American life. The program also addresses the right to privacy, a key component
in 1973's Roe v. Wade. "How in the world did such a conservative justice [Harry
Blackmun] write this incredibly activist, liberal opinion in Roe?" asks Michael
Klarman, James Monroe distinguished professor of law and professor of history,
University of Virginia, in THE SUPREME COURT. "Well, if you go back and read the
opinion it doesn't read as some sort of charter of feminist rights; it reads as
a charter of doctors' rights."