When did U.S. Supreme Court first make a law?

Question

That means to make a desision without any presidence to go on, not based on the Constitution, bill of rights, etc.

Answer 1

The first time is a matter of opinion, and I haven't read enough of the old cases to form one. I have read Marbury v. Madison, but, in my opinion, that doesn't qualify as making a law. The most outrageous instances of them making laws were Roe, Employment Div. v. Smith, Lawrence v. Texas and Kelo (I think) v. New London.

Answer 2

The Supreme Court of the US has never made a law.

The US Constitution, in Article III, spells out that the judicial authority of the US is vested in a Supreme Court, and such inferior courts as Congress shall establish. (paraphrased). The Supreme Court has interpreted this to mean that it is an appellate court ONLY, with the exception of having original jurisdiction in a few types of cases.

In Marbury v. Madison, 1 Cranch 137 (1803) the Supreme Court held that an act of Congress or of the Executive branch, which violates the constitution, is null and void, and the Supreme Court (and the inferior courts beneath it) have the authority to declare such and thus cancel an action of the legislature or executive branch.

What you are actually looking at is when did the Supreme Court first hear a case of "first impression". The Court hears cases like that but rarely these days. However, in the early days of our country, the court heard these cases all the time. Since there was no body of law to build on, almost every appeal was a case of first impression.

Without knowing your question more specifically, I can't give you a better answer.

Answer 3

You people are all fools. The Supreme Court makes law all the time. I challenge any and all of you to point to a Constitutional support for Roe v Wade - section and clause if you please. The decision is judge made law. You people have your heads in the clouds if you think the Supreme Court doesn't make law by judicial fiat. There is no check or balance against a Supreme Court decision. The Constitution is faulty in that respect.

Answer 4

Good judges have always had precedence. I think Marbury vs. Madison though was the first example where a Supreme Court decision granted the federal government license to do anything it wanted so long as it wasn't spelled out in the Constitution. This decision was the beginning of the end for the U.S.

Answer 5

Supreme Court doesn't make law they only interpret it.