The Waite Court refers to the
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
from 1874 to 1888, when
Morrison Waite
Morrison Remick "Mott" Waite (November 29, 1816 – March 23, 1888) was an American attorney, jurist, and politician from Ohio. He served as the seventh chief justice of the United States from 1874 until his death in 1888. During his tenur ...
served as the seventh
Chief Justice of the United States. Waite succeeded
Salmon P. Chase
Salmon Portland Chase (January 13, 1808May 7, 1873) was an American politician and jurist who served as the sixth chief justice of the United States. He also served as the 23rd governor of Ohio, represented Ohio in the United States Senate, a ...
as Chief Justice after the latter's death. Waite served as Chief Justice until his death, at which point
Melville Fuller
Melville Weston Fuller (February 11, 1833 – July 4, 1910) was an American politician, attorney, and jurist who served as the eighth chief justice of the United States from 1888 until his death in 1910. Staunch conservatism marked his ...
was nominated and confirmed as Waite's successor.
The Waite Court presided over the end of the
Reconstruction Era
The Reconstruction era was a period in American history following the American Civil War (1861–1865) and lasting until approximately the Compromise of 1877. During Reconstruction, attempts were made to rebuild the country after the bloo ...
, and the start of the
Gilded Age
In United States history, the Gilded Age was an era extending roughly from 1877 to 1900, which was sandwiched between the Reconstruction era and the Progressive Era. It was a time of rapid economic growth, especially in the Northern and Weste ...
. It also played an important role during the constitutional crisis that arose following the
1876 presidential election, as five of its members served on the
Electoral Commission
An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a c ...
that
Congress
A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of a ...
created to settle the dispute over who won the
Electoral College vote.
During Waite's tenure, the jurisdiction of federal
circuit courts (as against that of the
State courts) was expanded by the
Jurisdiction and Removal Act of 1875, which gave the
federal judiciary full jurisdiction over
federal questions. As a result of the change, caseloads in the federal courts grew considerably.
Membership
The Waite court began with the appointment of Morrison Waite by President
Ulysses S. Grant
Ulysses S. Grant (born Hiram Ulysses Grant ; April 27, 1822July 23, 1885) was an American military officer and politician who served as the 18th president of the United States from 1869 to 1877. As Commanding General, he led the Union Ar ...
to succeed Chief Justice Salmon Chase. Grant had previously nominated Attorney General
George Henry Williams
George Henry Williams (March 26, 1823April 4, 1910) was an American judge and politician. He served as chief justice of the Oregon Supreme Court, was the 32nd Attorney General of the United States, and was elected Oregon's U.S. senator, and serve ...
and former Attorney General
Caleb Cushing
Caleb Cushing (January 17, 1800 – January 2, 1879) was an American Democratic politician and diplomat who served as a Congressman from Massachusetts and Attorney General under President Franklin Pierce. He was an eager proponent of territor ...
, but withdrew both nominations after encountering opposition in the Senate. The Waite Court began with eight holdovers from the Chase Court:
Nathan Clifford
Nathan Clifford (August 18, 1803 – July 25, 1881) was an American statesman, diplomat and jurist.
Clifford is one of the few people who have served in all three branches of the U.S. federal government. He represented Maine in the U.S. Ho ...
,
Noah Haynes Swayne
Noah Haynes Swayne (December 7, 1804 – June 8, 1884) was an American jurist and politician. He was the first Republican appointed as a justice to the United States Supreme Court.
Birth and early life
Swayne was born in Frederick County, Virg ...
,
Samuel Freeman Miller
Samuel Freeman Miller (April 5, 1816 – October 13, 1890) was an American lawyer and physician who served as an Associate Justice of the Supreme Court of the United States, associate justice of the United States Supreme Court, U.S. Supreme ...
,
David Davis,
Stephen Johnson Field
Stephen Johnson Field (November 4, 1816 – April 9, 1899) was an American jurist. He was an Associate Justice of the United States Supreme Court from May 20, 1863, to December 1, 1897, the second longest tenure of any justice. Prior to this ap ...
,
William Strong,
Joseph P. Bradley
Joseph Philo Bradley (March 14, 1813 – January 22, 1892) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1870 to 1892. He was also a member of the Electoral Commission that decided t ...
, and
Ward Hunt
Ward Hunt (June 14, 1810 – March 24, 1886) was an American jurist and politician. He was Chief Judge of the New York Court of Appeals from 1868 to 1869, and an associate justice of the U.S. Supreme Court from 1872 to 1882.
Early life
Hunt was ...
. Clifford, Miller, Field, Strong, and Bradley served on the 1877 Electoral Commission.
Davis resigned from the court in 1877 to serve in the
United States Senate
The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States.
The composition and pow ...
, and President
Rutherford B. Hayes
Rutherford Birchard Hayes (; October 4, 1822 – January 17, 1893) was an American lawyer and politician who served as the 19th president of the United States from 1877 to 1881, after serving in the U.S. House of Representatives and as governor ...
successfully nominated
John Marshall Harlan
John Marshall Harlan (June 1, 1833 – October 14, 1911) was an American lawyer and politician who served as an associate justice of the U.S. Supreme Court from 1877 until his death in 1911. He is often called "The Great Dissenter" due to his ...
to replace him. In 1880, Hayes successfully nominated
William Burnham Woods to replace the retiring Strong. In 1881, President
James Garfield
James Abram Garfield (November 19, 1831 – September 19, 1881) was the 20th president of the United States, serving from March 4, 1881 until his death six months latertwo months after he was shot by an assassin. A lawyer and Civil War gene ...
nominated
Stanley Matthews
Sir Stanley Matthews, CBE (1 February 1915 – 23 February 2000) was an English footballer who played as an outside right. Often regarded as one of the greatest players of the British game, he is the only player to have been knighted while stil ...
to replace the retiring Swayne. President
Chester A. Arthur
Chester Alan Arthur (October 5, 1829 – November 18, 1886) was an American lawyer and politician who served as the 21st president of the United States from 1881 to 1885. He previously served as the 20th vice president under President James ...
added
Horace Gray
Horace Gray (March 24, 1828 – September 15, 1902) was an American jurist who served on the Massachusetts Supreme Judicial Court, and then on the United States Supreme Court, where he frequently interpreted the Constitution in ways that increa ...
and
Samuel Blatchford
Samuel M. Blatchford (March 9, 1820 – July 7, 1893) was an American attorney and judge. He was most notable for his service as an Associate Justice of the Supreme Court of the United States from April 3, 1882 until his death in 1893.
Early ...
to the court, replacing Clifford and Hunt. Woods died in 1887, and President
Grover Cleveland
Stephen Grover Cleveland (March 18, 1837June 24, 1908) was an American lawyer and politician who served as the 22nd and 24th president of the United States from 1885 to 1889 and from 1893 to 1897. Cleveland is the only president in American ...
appointed
Lucius Quintus Cincinnatus Lamar II
Lucius Quintus Cincinnatus Lamar II (September 17, 1825January 23, 1893) was an American politician, diplomat, and jurist. A member of the Democratic Party, he represented Mississippi in both houses of Congress, served as the United States Sec ...
to the court.
Timeline
Other branches
Presidents during this court included
Ulysses S. Grant
Ulysses S. Grant (born Hiram Ulysses Grant ; April 27, 1822July 23, 1885) was an American military officer and politician who served as the 18th president of the United States from 1869 to 1877. As Commanding General, he led the Union Ar ...
,
Rutherford B. Hayes
Rutherford Birchard Hayes (; October 4, 1822 – January 17, 1893) was an American lawyer and politician who served as the 19th president of the United States from 1877 to 1881, after serving in the U.S. House of Representatives and as governor ...
, and
Grover Cleveland
Stephen Grover Cleveland (March 18, 1837June 24, 1908) was an American lawyer and politician who served as the 22nd and 24th president of the United States from 1885 to 1889 and from 1893 to 1897. Cleveland is the only president in American ...
. Congresses during this court included
43rd through the
50th United States Congresses.
Rulings of the Court
Notable rulings of the Waite Court include:
*''
United States v. Reese
''United States v. Reese'', 92 U.S. 214 (1876), was a voting rights case in which the Kentucky Supreme Court, United States Supreme Court narrowly construed the 15th Amendment to the United States Constitution, which provide that suffrage for citi ...
'' (1875): In a 7–2 decision delivered by Chief Justice Waite, the court held that the
Fifteenth Amendment does not prevent states from using ostensibly race-neutral limitations on voting rights such as
poll tax
A poll tax, also known as head tax or capitation, is a tax levied as a fixed sum on every liable individual (typically every adult), without reference to income or resources.
Head taxes were important sources of revenue for many governments fr ...
es,
grandfather clause
A grandfather clause, also known as grandfather policy, grandfathering, or grandfathered in, is a provision in which an old rule continues to apply to some existing situations while a new rule will apply to all future cases. Those exempt from t ...
s, and
literacy test
A literacy test assesses a person's literacy skills: their ability to read and write have been administered by various governments, particularly to immigrants. In the United States, between the 1850s and 1960s, literacy tests were administered t ...
s. The decision played a major role in allowing states to
effectively disenfranchise African-Americans
African Americans (also referred to as Black Americans and Afro-Americans) are an ethnic group consisting of Americans with partial or total ancestry from sub-Saharan Africa. The term "African American" generally denotes descendants of ensl ...
.
*''
Minor v. Happersett
''Minor v. Happersett'', 88 U.S. (21 Wall.) 162 (1875), is a United States Supreme Court case in which the Court held that, while women are no less citizens than men are, citizenship does not confer a right to vote, and therefore state laws barri ...
'' (1875): In a unanimous decision written by Chief Justice Waite, the court held that the Constitution did not grant women the right to vote. The ruling was effectively overturned by the ratification of the
Nineteenth Amendment in 1920.
*''
United States v. Cruikshank'' (1875): In a 9–0 decision delivered by Chief Justice Waite, the court overturned indictments arising from the
Colfax massacre. The court held that the
Due Process Clause
In United States constitutional law, a Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibits arbitrary deprivation of "life, liberty, or property" by the government except as ...
and the
Equal Protection Clause
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal ...
only apply to state action, and that the Fourteenth Amendment had not
incorporated the
First
First or 1st is the ordinal form of the number one (#1).
First or 1st may also refer to:
*World record, specifically the first instance of a particular achievement
Arts and media Music
* 1$T, American rapper, singer-songwriter, DJ, and rec ...
or
Second
The second (symbol: s) is the unit of time in the International System of Units (SI), historically defined as of a day – this factor derived from the division of the day first into 24 hours, then to 60 minutes and finally to 60 seconds ...
amendments to apply to the states. The decision was a major blow to the power of the
Enforcement Acts
The Enforcement Acts were three bills that were passed by the United States Congress between 1870 and 1871. They were criminal codes that protected African Americans’ right to vote, to hold office, to serve on juries, and receive equal protect ...
and the federal government's ability to protect the rights of
African-American
African Americans (also referred to as Black Americans and Afro-Americans) are an Race and ethnicity in the United States, ethnic group consisting of Americans with partial or total ancestry from sub-Saharan Africa. The term "African American ...
s in the
South
South is one of the cardinal directions or Points of the compass, compass points. The direction is the opposite of north and is perpendicular to both east and west.
Etymology
The word ''south'' comes from Old English ''sūþ'', from earlier Pro ...
. Later decisions, including ''
Gitlow v. New York
''Gitlow v. New York'', 268 U.S. 652 (1925), was a List of landmark court decisions in the United States, landmark decision of the Supreme Court of the United States, United States Supreme Court holding that the Fourteenth Amendment to the United S ...
'' (1925), would incorporate most of the Bill of Rights to apply to states.
*''
Reynolds v. United States
''Reynolds v. United States'', 98 U.S. 145 (1878), was a Supreme Court of the United States case that held that religious duty was not a defense to a criminal indictment. ''Reynolds'' was the first Supreme Court opinion to address the First Amen ...
'' (1878): In a decision delivered by Chief Justice Waite, the court upheld the conviction of
George Reynolds. Reynolds, a member of the
LDS Church
The Church of Jesus Christ of Latter-day Saints, informally known as the LDS Church or Mormon Church, is a Nontrinitarianism, nontrinitarian Christianity, Christian church that considers itself to be the Restorationism, restoration of the ...
, had been convicted of
bigamy
In cultures where monogamy is mandated, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their marital status as married persons. I ...
under the
Morrill Anti-Bigamy Act
The Morrill Anti-Bigamy Act (37th United States Congress, Sess. 2., ch. 126, ) was a federal enactment of the United States Congress that was signed into law on July 1, 1862 by President Abraham Lincoln. Sponsored by Justin Smith Morrill of Vermo ...
. The court held that the banning of bigamy did not conflict with the
Establishment Clause
In United States law, the Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The relevant constitutional text ...
.
*''
Pennoyer v. Neff
''Pennoyer v. Neff'' 95 U.S. 714 (1878) was a decision by the Supreme Court of the United States in which the Court held that a state court can only exert personal jurisdiction over a party domiciled out-of-state if that party is served with proce ...
'' (1878): In a decision written by Justice Field, the court held that a state can exert
personal jurisdiction
Personal jurisdiction is a court's jurisdiction over the ''parties'', as determined by the facts in evidence, which bind the parties to a lawsuit, as opposed to subject-matter jurisdiction, which is jurisdiction over the ''law'' involved in the ...
over a defendant if the defendant is served notice while physically present in a state.
*''
Strauder v. West Virginia
''Strauder v. West Virginia'', 100 U.S. 303 (1880), was a landmark decision of the Supreme Court of the United States about racial discrimination and United States constitutional criminal procedure. ''Strauder'' was the first instance where t ...
'' (1880): In a 7–2 decision delivered by Justice Strong, the court held that the
Equal Protection Clause
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal ...
bans exclusionary policies that lead to
all-white juries
Racial discrimination in jury selection is specifically prohibited by law in many jurisdictions throughout the world. In the United States, it has been defined through a series of judicial decisions. However, juries composed solely of one racial ...
. The decision overturned the conviction of Taylor Strauder, an African-American convicted of murder in West Virginia by an all-white jury. ''Strauder'' was the first time that the Court reversed a state criminal conviction for a violation of a
constitutional provision concerning criminal procedure.
[Michael J. Klarman, ''The Racial Origins of Modern Criminal Procedure'', 99 48 (2000).]
*''
Pace v. Alabama
''Pace v. Alabama'', 106 U.S. 583 (1883), was a case in which the United States Supreme Court affirmed that Alabama's anti-miscegenation statute was constitutional.. This ruling was rejected by the Supreme Court in 1964 in '' McLaughlin v. Flori ...
'' (1883): In a unanimous decision delivered by Justice Field, the court upheld Alabama's
anti-miscegenation laws
Anti-miscegenation laws or miscegenation laws are laws that enforce racial segregation at the level of marriage and intimate relationships by criminalization, criminalizing interracial marriage and sometimes also sex between members of different R ...
. ''Pace'' was later overruled by ''
Loving v. Virginia
''Loving v. Virginia'', 388 U.S. 1 (1967), was a List of landmark court decisions in the United States, landmark civil rights decision of the U.S. Supreme Court in which the Court ruled that Anti-miscegenation laws in the United States, laws ban ...
'' (1967) on the basis of the Equal Protection Clause.
*The ''
Civil Rights Cases
The ''Civil Rights Cases'', 109 U.S. 3 (1883), were a group of five landmark cases in which the Supreme Court of the United States held that the Thirteenth and Fourteenth Amendments did not empower Congress to outlaw racial discrimination by pr ...
'' (1883): In an 8–1 decision delivered by Justice Bradley, the court struck down part of the
Civil Rights Act of 1875
The Civil Rights Act of 1875, sometimes called the Enforcement Act or the Force Act, was a United States federal law enacted during the Reconstruction era in response to civil rights violations against African Americans. The bill was passed by the ...
, holding that the Equal Protection Clause and the
Thirteenth Amendment do not protect against racial discrimination by private actors. The decision has not been overturned, and most future legislation against private discrimination (such as the
Civil Rights Act of 1964
The Civil Rights Act of 1964 () is a landmark civil rights and United States labor law, labor law in the United States that outlaws discrimination based on Race (human categorization), race, Person of color, color, religion, sex, and nationa ...
) was passed on the basis of the
Commerce Clause
The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and amon ...
.
*''
Elk v. Wilkins
''Elk v. Wilkins'', 112 U.S. 94 (1884), was a United States Supreme Court landmark 1884 decision respecting the citizenship status of Indians.
John Elk, a Winnebago Indian, was born on an Indian reservation within the territorial bounds of Unite ...
'' (1884): In a 7–2 decision delivered by Justice Gray, the court held that the
Citizenship Clause
The Citizenship Clause is the first sentence of the Fourteenth Amendment to the United States Constitution, which was adopted on July 9, 1868, which states:
This clause reversed a portion of the ''Dred Scott v. Sandford'' decision, which had d ...
does not automatically grant citizenship to
Native Americans born on
Indian reservation
An Indian reservation is an area of land held and governed by a federally recognized Native American tribal nation whose government is accountable to the United States Bureau of Indian Affairs and not to the state government in which it ...
s. The case was effectively overruled by the passage of the
Indian Citizenship Act
The Indian Citizenship Act of 1924, (, enacted June 2, 1924) was an Act of the United States Congress that granted US citizenship to the indigenous peoples of the United States. While the Fourteenth Amendment to the United States Constitution ...
in 1924.
*The ''
Railroad Commission Cases'' (1886): In a 6-2 decision delivered by Chief Justice Waite, the court upheld state fixation of railroad prices as a permissible exercise of
police power. ''
Chicago, Milwaukee & St. Paul Railway Co. v. Minnesota'' (1890) later limited the effect of this ruling.
*''
Wabash, St. Louis & Pacific Railway Co. v. Illinois'' (1886):
*''
Santa Clara County v. Southern Pacific Railroad Co.
''Santa Clara County v. Southern Pacific Railroad Company'', 118 U.S. 394 (1886), is a corporate law case of the United States Supreme Court concerning taxation of railroad properties. The case is most notable for a headnote stating that the Equa ...
'' (1886):
*''
Presser v. Illinois
''Presser v. Illinois'', 116 U.S. 252 (1886), was a landmark decision of the Supreme Court of the United States that held, "Unless restrained by their own constitutions, state legislatures may enact statutes to control and regulate all organization ...
'' (1886): In a decision delivered by Justice Woods, the court affirmed its decision in ''Cruikshank'', saying that the First and Second Amendments do not apply to state governments. The decision overturned the conviction of Herman Presser, a member of
Lehr und Wehr Verein
The ''Lehr und Wehr Verein'' ("Educational and Defense Society") was a socialist military organization founded in 1875, in Chicago, Illinois. The group had been formed to counter the armed private armies of companies in Chicago.
The ''Lehr und W ...
, a Chicago-based socialist military organization.
*''
The Telephone Cases
''The Telephone Cases'', 126 U.S. 1 (1888), were a series of US court cases in the 1870s and the 1880s related to the invention of the telephone, which culminated in the 1888 decision of the US Supreme Court upholding the priority of the patents ...
'' (1888): In a series of court cases related to the
invention of the telephone
The invention of the telephone was the culmination of work done by more than one individual, and led to an array of lawsuits relating to the patent claims of several individuals and numerous companies.
Early development
The concept of th ...
, the court upheld
Alexander Graham Bell
Alexander Graham Bell (, born Alexander Bell; March 3, 1847 – August 2, 1922) was a Scottish-born inventor, scientist and engineer who is credited with patenting the first practical telephone. He also co-founded the American Telephone and Te ...
's patents against the claims of
Western Union
The Western Union Company is an American multinational financial services company, headquartered in Denver, Colorado.
Founded in 1851 as the New York and Mississippi Valley Printing Telegraph Company in Rochester, New York, the company chang ...
. The court split, 4–3, on the ruling, and Chief Justice Waite delivered the majority opinion.
Judicial philosophy
The Waite Court confronted constitutional questions arising from the
Civil War
A civil war or intrastate war is a war between organized groups within the same state (or country).
The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies ...
, Reconstruction, the expansion of the federal government following the Civil War, and the emergence of a national economy linked together by railroads.
The Waite Court issued several major decisions, including ''Cruikshank'', that denied the federal government the power to protect the civil rights of African Americans.
However, historian
Michael Les Benedict
Michael Les Benedict is an American historian, who taught at Ohio State University from 1970 until his retirement in 2005. He received his B.A. and M.A. degrees from the University of Illinois and his PhD from Rice University. His expertise is p ...
notes that the civil rights decision were made during the era of
dual federalism
Dual federalism, also known as layer-cake federalism or divided sovereignty, is a political arrangement in which power is divided between the federal and state governments in clearly defined terms, with state governments exercising those powers ...
, and the Waite Court was sincerely concerned with maintaining the balance of power between the federal government and state governments.
While the Waite Court struck down civil rights laws, it upheld many economic regulations, in contrast with the Fuller Court.
References
Further reading
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{{Reconstruction era
1880s in the United States
United States Supreme Court history by court