Tuesday, July 7, 2009

Judicial Activism?

From a review of Packing the Court: The Rise of Judicial Activism and the Coming Crisis of the Supreme Court, by James McGregor Burns:

It is Mr. Burns’s contention in “Packing the Court” that “as the ultimate and unappealable arbiters of the Constitution, the justices of the Supreme Court have become far more than the referees in constitutional disputes that the framers intended. They have gone beyond interpreting the rules — they have come to create them.”

He argues that the liberalism of the Warren Court is the exception, that the Court’s historic role has been “as a choke point for progressive reform,” and that in “the Gilded Age of the late 19th century” and the “Gilded Age at the turn of the 21st,” the justices “fiercely protected the rights and liberties of the minority of the powerful and the propertied.”

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