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main passive in the face of pressing national problems - such as the need to encourage capital investment or provide security for private property - that elected lawmakers and executives were unwilling to tackle.
There was something to be said for this judicial outlook, for protection of property rights and limitations on popular rule were essential elements of the framers’ constitutional design. Moreover the Supreme Court’s guarantee of entrepreneurial freedom, although conferred on powerful and unpopular corporations, was logically and historically inseparable from judicial protection of individual civil rights and civil liberties, which began to emerge as a discernible theme in Supreme Court history at this time.
Nevertheless conservative activism in the reform era, though never so recalcitrant and unyielding as depicted in the liberal version of our histoiy, often exceeded proper constitutional limits. Egregiously striking down the income tax law in 1895, for example, the Supreme Court went on to block a variety of national regulatory statutes that were backed by electoral majorities and that represented a reasonable interpretation of federal constitutional powers. In short, the conservative Court’s laissez faire ideology led it arbitrarily and subjectively to deny
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