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...should the legislatures pass sweeping or innovative measures, will the Supreme Court go to the activist conservative extreme, striking down the new laws as unconstitutional???as it did, for example, with much New Deal legislation in the 1930s? Last year Burger and Blackmun voted to invalidate Congress's extension of voting rights to 18-year-olds before the constitutional amendment had passed. Even so, many students of the court detect an air of passivity in the new alignment and this suggests a seeming paradox: the court may not actively resist legislative initiatives...

Author: /time Magazine | Title: The Nation: Nixon's Court: Its Making and Its Meaning | 11/1/1971 | See Source »

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