Since Judge Ginsburg introduced the term “Constitution in Exile” into the constitutional lexicon, the Rehnquist court has struck down in whole or part more than 33 federal laws. In contrast, during its first 70 years, the Court invalidated only two acts of congress. People for the American Way maintains, “[u]sing what amounts to a judicial veto, the [Rehnquist] Court has been overturning acts of Congress at an accelerated rate 6.5 times faster than during the first 200 years [of the constitution].” Thomas Keck, Assistant Professor of Political Science in the Maxwell School of Citizenship and Public Affairs at Syracuse University, maintains that this unprecedented rate has made the Rehnquist Court “the most activist Supreme Court in history.” The Rehnquist Court has invalidated popular bi-partisan acts of congress including the Violence Against Women Act, the Gun-Free School Zones Act, the Brady Bill, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. In February of 2000, the libertarian CATO institute declared, "They're Back: The Rehnquist Court is returning to constitutional principles that the New Deal Court had simply pushed aside."
Make a new account