Block · one region of the page, as the scanner read it. It may hold a whole story, part of one, several, or an advertisement; stitching blocks into articles is the next step. Text is supplied OCR.
Page 4 · column 4 of 6 · from the scan, no model involved
or a century alter the beginning of the government the federal judiciary exercised the power of judicial review with a keen sense of institutional restraint that enabled it to retain legitimacy as expositor of the nation’s fundamental law, while occasionally entering the political pena and engaging in policy making. In the 1890s, however, the Supreme Court intervened more frequently and more forthrightly in the political process. In part filling a void in governance caused by the failure of the political branches to adapt the constitutional order to rapid social and economic change, in part expressing alarm at what appeared to be the revolutionary potential of legislative majorities, the Court in effect fashioned a new theory of judicial review.
Under the new judicial review the Court declared it had the duty not only of deciding whether the power that a legislature purported to exercise was a proper constitutional power, but also whether it had been exercised in a wise and reasonable manner clearly related to ends and purposes conferred by the Constitution. Like modern liberals, conservative activists held that the substantive rationality of public policy was a legitimate concern of the judiciary. Like their latter-day liberal counterparts, conservatives said the courts could not simply re
97.6%