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.
Miller, Arthur S.
"The Supreme Court in a New Role: From Negative Naysayer to Affirmative Commander,"
Nova Law Review: Vol. 6:
1, Article 2.
Available at: https://nsuworks.nova.edu/nlr/vol6/iss1/2