Now that liberals increasingly hold cultural power, they have become proponents of judicial restraint and rule by legislative majorities while conservatives appear to increasingly favor judicial activism, something they spent decades denouncing. As Matt Karp points out, there are plenty of precedents for Presidents simply ignoring the Supreme Court. The “liberal” (for its time) Marshall court ruled that the “ethnic cleansing” associated with the Trail of Tears was unconstitutional, and Andrew Jackson ignored them. Then a more “conservative” Taney Court ruled that slavery was constitutional, and Lincoln ignored them.
Categories: Culture Wars/Current Controversies, Left and Right
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