[LibertyMom]

Was there a specific case/decision in which [I thought it was] the Warren Court propelled the judiciary [SCOTUS] to a higher status (“law of the land”) than state law and the other two branches, or was it simply their increased/aggressive use of judicial review to affect change?

Thanks!

[evassar92]

I would say that the SCOTUS’s power gradually increased since its creation after the ratification of the Constituion. The were certain cases in which John Marshall overturned a state law, believe it was Chisolm vs. Georgia, so these types of cases were not strictly limited to the Warren Court, but I would say that the Warren Court played a large role in the increasing the power of the SCOTUS. To be truthful, it was not necessarily an increase in power but more so the Court failing to make decisions with any constitutional basis. Brown vs. Board is a good example. Dr. Gutzman has a lesson in the Constitutional History course devoted most of it time to the Warren Court, and he will be able to answer this question much better than I. If you are interested, I wrote some articles while I was working at the Nixon Presidential Library on the Supreme Court, and I mention some of the big Warren Cases. If I can find the link I will post it for you.

[gutzmank]

After Brown v. Board of Education (1954), there was a real vogue among liberal intellectuals to think that judicial determination of social and political questions was superior to electoral/republican determination of such issues. The Court, awash in praise, felt free to take on numerous other such questions — contraception, redistricting, criminal procedure, etc.–partly as a result.

[LibertyMom]

Thank you both!

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