'One thing should be obvious by now: if the country is ever to live up to its democratic and egalitarian promise, the tyranny of the Supreme Court must be ended.'
Ever since, in 1986, President Ronald Reagan appointed William Rehnquist, a staunch conservative, as chief justice, the court has only become ever more averse to regulating business, even as it worked to reduce the power of the Federal government.
This march to the right was in stark contrast to the earlier deliberations of the court led by Chief Justice Earl Warren. The Warren court was, of course, best known for its landmark 1954 Brown v. Board of Education decision striking down public school segregation. It would also become the judicial centerpiece of a post-World War II liberal order that favored labor unions, civil rights, government oversight of business, and the welfare state.
During the years leading up to the 1787 constitutional convention in Philadelphia, the country was in a chronic state of. Local insurrections against heavy taxation, land and currency speculators, and merchant-bankers had called into question the security and sanctity of private property. Local legislatures proved vulnerable to take-over by the hoi polloi who felt free to cancel debts, print paper money, stop evictions, and oust elites from their accustomed positions of power.
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