As an exercise of raw judicial power, the Court perhaps has authority to do what it does today; but, in my view, its judgment is an improvident and extravagant exercise of the power of judicial review that the Constitution extends to this Court.
About this quote
- What does it mean?
- While the Court may have technical authority to act, this specific exercise of judicial review is unwise and excessive. It oversteps the bounds of constitutional power.
- In plain terms
- The Court can do this legally but shouldn't because it goes too far.
- What can you take from it?
- Just because courts can act doesn't mean they should.
Where it applies
Putting it to work
Questions to consider
- What makes a judicial decision imprudent?
- How do we define proper judicial limits?
Another view
Courts sometimes must act to correct constitutional violations even when unpopular.
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