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👩🏾‍⚖️Supreme Court

Chief Justices of the Supreme Court

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Why This Matters

The Chief Justices you'll encounter on the AP exam aren't just names and dates—they represent pivotal shifts in constitutional interpretation that continue to shape American governance today. You're being tested on your ability to understand how the Court's leadership has expanded or contracted federal power, redefined individual rights, and navigated the tension between judicial activism and judicial restraint. Each Chief Justice embodies a particular judicial philosophy that influenced landmark decisions still cited in contemporary legal debates.

Don't just memorize which Chief Justice presided over which case. Instead, focus on what constitutional principles each one championed and how their Courts shifted the balance between federal and state authority, between government power and individual liberty. When you can explain why John Marshall's nationalism differed from William Rehnquist's federalism, or how Earl Warren's approach to civil rights departed from Roger Taney's, you'll be ready for any FRQ the exam throws at you.


Architects of Federal Power

These Chief Justices established foundational principles that expanded federal authority and defined the Court's role in American government. Their decisions created the constitutional framework within which all subsequent Courts have operated.

John Marshall

  • Established judicial review in Marbury v. Madison (1803)—this power to invalidate unconstitutional laws made the Court a co-equal branch of government
  • Strengthened federal supremacy through McCulloch v. Maryland (1819), establishing the implied powers doctrine and prohibiting states from taxing federal institutions
  • Promoted a nationalist interpretation of the Constitution that favored a strong central government and unified national economy over state sovereignty

Charles Evans Hughes

  • Navigated the constitutional crisis of the New Deal era (1930-1941)—initially struck down key legislation, then shifted to uphold federal economic regulation
  • Preserved Court legitimacy during FDR's court-packing threat by finding constitutional grounds to support government intervention in the economy
  • Balanced competing interests between individual property rights and the government's power to address the Great Depression's economic emergency

William Howard Taft

  • Only person to serve as both President and Chief Justice—brought executive branch perspective to judicial administration
  • Modernized the federal court system by advocating for the Judiciary Act of 1925, giving the Supreme Court greater control over its docket
  • Upheld federal regulatory power in antitrust and commerce cases while emphasizing efficient judicial administration

Compare: John Marshall vs. Charles Evans Hughes—both expanded federal power during national crises, but Marshall created the framework for federal supremacy while Hughes preserved it against political attack. If an FRQ asks about the Court's role in economic regulation, Hughes is your go-to example for the modern era.


Champions of Civil Rights and Individual Liberties

These Chief Justices used the Court's power to expand constitutional protections for individuals, particularly in cases involving racial equality and criminal procedure. Their activism redefined the relationship between government and citizens.

Earl Warren

  • Led the unanimous Brown v. Board of Education (1954) decision—declared "separate but equal" unconstitutional, dismantling the legal foundation for segregation
  • Expanded rights of the accused through Miranda v. Arizona (1966), requiring police to inform suspects of their constitutional rights before interrogation
  • Embodied judicial activism by using the Court to address social injustices that elected branches had failed to remedy

Salmon P. Chase

  • Supported the Union during the Civil War and upheld emergency wartime measures while serving as Lincoln's Treasury Secretary before becoming Chief Justice
  • Advanced civil rights during Reconstruction by supporting the constitutional amendments abolishing slavery and guaranteeing equal protection
  • Established financial precedents including the national banking system and currency reforms that strengthened federal economic authority

Morrison R. Waite

  • Presided during Reconstruction (1874-1888)—navigated the complex legal questions surrounding newly freed African Americans' rights
  • Defined corporate personhood limits in cases involving railroad regulation and state economic controls
  • Upheld some civil rights protections while the Court began retreating from Reconstruction-era commitments to racial equality

Compare: Earl Warren vs. Salmon P. Chase—both advanced civil rights during periods of national transformation, but Chase worked within the political branches before joining the Court, while Warren used judicial power to lead social change. Chase's era created the constitutional amendments; Warren's era enforced them.


Advocates of Judicial Restraint and States' Rights

These Chief Justices emphasized limiting federal power, deferring to elected branches, and protecting state sovereignty. Their conservative judicial philosophy sought to constrain the Court's role in shaping policy.

William Rehnquist

  • Revived federalism in United States v. Lopez (1995), striking down a federal law as exceeding Congress's Commerce Clause power for the first time in decades
  • Led the Court's conservative shift during the 1980s-1990s, emphasizing originalism and limiting federal regulatory authority
  • Presided over President Clinton's impeachment trial—demonstrating the Chief Justice's constitutional role beyond the Court itself

John Roberts

  • Emphasized institutional legitimacy since his 2005 appointment, often seeking narrow rulings and cross-ideological consensus
  • Cast the deciding vote in NFIB v. Sebelius (2012)—upheld the Affordable Care Act's individual mandate as a valid exercise of taxing power while limiting Commerce Clause expansion
  • Advocates judicial restraint and incrementalism, preferring to avoid sweeping constitutional pronouncements when narrower grounds exist

Compare: William Rehnquist vs. John Roberts—both conservative Chief Justices who emphasized federalism, but Rehnquist actively rolled back federal power while Roberts has focused on institutional stability and avoiding partisan perception. Roberts's occasional swing votes distinguish his approach from Rehnquist's more consistent conservatism.


Controversial and Transitional Figures

These Chief Justices presided during periods of intense national conflict, and their decisions—for better or worse—reflected the era's struggles over fundamental constitutional questions.

Roger B. Taney

  • Authored Dred Scott v. Sandford (1857)—ruled that African Americans could not be citizens and that Congress lacked power to prohibit slavery in territories, inflaming sectional tensions
  • Represented the antebellum Court's protection of slavery—his decision attempted to resolve the slavery question judicially but instead accelerated the path to Civil War
  • Contrasted sharply with Marshall's nationalism—Taney favored states' rights and limited federal power, particularly regarding slavery

Warren E. Burger

  • Presided over Roe v. Wade (1973)—the Court recognized a constitutional right to abortion, one of the most consequential and contested decisions in modern history
  • Navigated post-Warren Court transitions—attempted to moderate the Warren Court's activism while still expanding some individual rights
  • Oversaw United States v. Nixon (1974)—unanimously ruled that executive privilege did not shield the Watergate tapes, leading to Nixon's resignation

Compare: Roger Taney vs. Warren Burger—both presided over Courts that issued deeply divisive rulings on the era's most contentious issues (slavery and abortion). Taney's Dred Scott is universally condemned today, while Burger's Roe remained contested until its 2022 overruling. Both illustrate how the Court's intervention in politically charged issues can define—and haunt—a Chief Justice's legacy.


Quick Reference Table

ConceptBest Examples
Judicial Review & Court PowerJohn Marshall, Earl Warren
Federal Supremacy/NationalismJohn Marshall, Charles Evans Hughes
States' Rights/FederalismWilliam Rehnquist, Roger Taney
Civil Rights ExpansionEarl Warren, Salmon P. Chase
Judicial RestraintJohn Roberts, William Rehnquist
Economic RegulationCharles Evans Hughes, William Howard Taft
Controversial/Divisive RulingsRoger Taney, Warren Burger
Court Administration/ReformWilliam Howard Taft, John Roberts

Self-Check Questions

  1. Which two Chief Justices are most associated with expanding federal power, and what key decisions illustrate their approach?

  2. Compare and contrast Earl Warren's judicial activism with William Rehnquist's judicial restraint—how did their philosophies differ in their approach to civil rights and federal authority?

  3. If an FRQ asks you to discuss how the Supreme Court has limited congressional power, which Chief Justice and case would provide your strongest example?

  4. How do Roger Taney's and John Marshall's interpretations of federal versus state power differ, and what historical circumstances shaped each approach?

  5. Which Chief Justices would you cite to argue that the Court should defer to elected branches versus actively protect individual rights? Explain the constitutional philosophy behind each position.