Judicial Review: The Court's Power
Lochner Era: Courts Strike Down Labor Laws (1897-1937)
The Supreme Court used "substantive due process" to strike down minimum wage laws, maximum hour laws, and child labor restrictions, ruling they violated the Constitution's protection of "freedom of contract." In Lochner v. New York (1905), the Court invalidated a law limiting bakery workers to 60 hours per week. In Adkins v. Children's Hospital (1923), it struck down minimum wage laws for women.
The justices were imposing their economic philosophy, not interpreting constitutional text. When FDR's New Deal programs faced the same treatment in the 1930s, he threatened to pack the Court with additional justices. The Court backed down, ending the Lochner era in West Coast Hotel v. Parrish (1937).
Warren Court: Expanding Civil Rights (1953-1969)
Chief Justice Earl Warren's Court used judicial review to expand constitutional rights dramatically. Brown v. Board of Education (1954) struck down school segregation. Gideon v. Wainwright (1963) required states to provide lawyers for indigent defendants. Miranda v. Arizona (1966) created Miranda warnings. Mapp v. Ohio (1961) excluded illegally seized evidence from trials.
Opponents called this "judicial activism"—unelected judges rewriting laws. The Warren Court was using the same power Marshall claimed in Marbury, just for different ends.
Roberts Court: Limiting Rights (2005-Present)
The current Court has used judicial review to overturn precedent and restrict rights. Citizens United v. FEC (2010) struck down campaign finance limits, overturning two prior decisions. Shelby County v. Holder (2013) invalidated the Voting Rights Act's preclearance formula. Dobbs v. Jackson (2022) overturned Roe v. Wade after 50 years.
The Roberts Court has overturned 15 constitutional precedents (compared to 32 under Rehnquist over a longer period), showing that judicial review's scope depends entirely on who sits on the Court.
Judicial Review: The Court's Power
Lochner Era: Courts Strike Down Labor Laws (1897-1937)
The Supreme Court used "substantive due process" to strike down minimum wage laws, maximum hour laws, and child labor restrictions, ruling they violated the Constitution's protection of "freedom of contract." In Lochner v. New York (1905), the Court invalidated a law limiting bakery workers to 60 hours per week. In Adkins v. Children's Hospital (1923), it struck down minimum wage laws for women.
The justices were imposing their economic philosophy, not interpreting constitutional text. When FDR's New Deal programs faced the same treatment in the 1930s, he threatened to pack the Court with additional justices. The Court backed down, ending the Lochner era in West Coast Hotel v. Parrish (1937).
Warren Court: Expanding Civil Rights (1953-1969)
Chief Justice Earl Warren's Court used judicial review to expand constitutional rights dramatically. Brown v. Board of Education (1954) struck down school segregation. Gideon v. Wainwright (1963) required states to provide lawyers for indigent defendants. Miranda v. Arizona (1966) created Miranda warnings. Mapp v. Ohio (1961) excluded illegally seized evidence from trials.
Opponents called this "judicial activism"—unelected judges rewriting laws. The Warren Court was using the same power Marshall claimed in Marbury, just for different ends.
Roberts Court: Limiting Rights (2005-Present)
The current Court has used judicial review to overturn precedent and restrict rights. Citizens United v. FEC (2010) struck down campaign finance limits, overturning two prior decisions. Shelby County v. Holder (2013) invalidated the Voting Rights Act's preclearance formula. Dobbs v. Jackson (2022) overturned Roe v. Wade after 50 years.
The Roberts Court has overturned 15 constitutional precedents (compared to 32 under Rehnquist over a longer period), showing that judicial review's scope depends entirely on who sits on the Court.
Judicial Review: The Court's Power
Lochner Era: Courts Strike Down Labor Laws (1897-1937)
The Supreme Court used "substantive due process" to strike down minimum wage laws, maximum hour laws, and child labor restrictions, ruling they violated the Constitution's protection of "freedom of contract." In Lochner v. New York (1905), the Court invalidated a law limiting bakery workers to 60 hours per week. In Adkins v. Children's Hospital (1923), it struck down minimum wage laws for women.
The justices were imposing their economic philosophy, not interpreting constitutional text. When FDR's New Deal programs faced the same treatment in the 1930s, he threatened to pack the Court with additional justices. The Court backed down, ending the Lochner era in West Coast Hotel v. Parrish (1937).
Warren Court: Expanding Civil Rights (1953-1969)
Chief Justice Earl Warren's Court used judicial review to expand constitutional rights dramatically. Brown v. Board of Education (1954) struck down school segregation. Gideon v. Wainwright (1963) required states to provide lawyers for indigent defendants. Miranda v. Arizona (1966) created Miranda warnings. Mapp v. Ohio (1961) excluded illegally seized evidence from trials.
Opponents called this "judicial activism"—unelected judges rewriting laws. The Warren Court was using the same power Marshall claimed in Marbury, just for different ends.
Roberts Court: Limiting Rights (2005-Present)
The current Court has used judicial review to overturn precedent and restrict rights. Citizens United v. FEC (2010) struck down campaign finance limits, overturning two prior decisions. Shelby County v. Holder (2013) invalidated the Voting Rights Act's preclearance formula. Dobbs v. Jackson (2022) overturned Roe v. Wade after 50 years.
The Roberts Court has overturned 15 constitutional precedents (compared to 32 under Rehnquist over a longer period), showing that judicial review's scope depends entirely on who sits on the Court.