view that Supreme Court justices should take an active role in
making policy, even if it means going beyond the actions of the elected branches of government
Chief Justice Charles Evans Hughes said once, the Constitution is
what the judges say it is.
this view made possible the ruling against segregated public schools
v. Board of Education (1954), expanding the rights of persons accused of crimes (Miranda v. Arizona, 1966), and upholding
freedom of speech, press, opinion, and other rights in the Bill of Rights during
conservative assaults on those rights