The Supreme Court in a New Role: From Negative Naysayer to Affirmative Commander
Miller, Arthur S.
Abstract
Four major milestones mark the almost two centuries of Supreme Court activity. The first three are the 1803 power-grab in Marbury,l the invention of "substantive" due process after the Civil War,2 and the abdication of the Justices as ultimate economic policymakers in the 1930s and '40s.