Was judicial activism or judicial restraint exercised in the Marbury v. Madison, Brown v. the Board of Education.?

2 Answers

  • Daro
    Lv 7
    8 months ago

    Definitely activism.

    They created powers that were never granted to them under the constitution.

    Nowhere in there is a clause which puts the supreme Court in charge of the constitution.

    THeir usupration of power lead to all the following cases in which the court rubber stamped unconstitutional laws, like Brady Bill, Income Tax, Socialist Security, Medicare, Obamacare, NRA etc etc etc. Nearly all bills congress passes are illegal.

    *** We saw the culmination of the power grab when John Roberts simply stated that he would not allow his court to declare Obamacare unconstitutional. He said if you dont like what congress foists on you go to the ballot box, not to him and his corrupt minions. Thats when he changed his vote because they only had 4 votes to keep Ocare going.

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  • 8 months ago

    Judicial activism.  By nailing down the principle of Judicial Review, allowing the Supreme Court to strike down laws it considered unconstitutional, Marbury v Madison made the court more active and more relevant.

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