Difference between revisions of "Cooper v. Aaron"

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(Linked case; compared to Marbury)
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'''''Cooper v. Aaron''''', 358 U.S. 1 (1958), was an assertion by the [[Warren Court]] that the federal judiciary and the [[U.S. Supreme Court]] was "supreme in the exposition of the law of the Constitution."  This was a raw power grab by the Supreme Court of authority over the other two branches of government, as well as unnecessary to the resolution of the dispute in that case.
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'''''Cooper v. Aaron''''', 358 U.S. 1 (1958), was a case in which the [[Little Rock]] school board tried to stop [[school desegregation]].  In deciding this, the [[Warren Court]] asserted that the federal judiciary and the [[U.S. Supreme Court]] was "supreme in the exposition of the law of the Constitution."  This went far beyond the Court's previous assertion in [[Marbury v. Madison]] that they merely had ''authority'' to exposit the Constitution.  Rather, it asserted the Supreme Court had authority over the other two branches of government, which was unnecessary to the resolution of the dispute in that case.
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* [http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=358&page=1 Text of decision]
  
 
[[category:law]]
 
[[category:law]]
 
[[category:judicial activism]]
 
[[category:judicial activism]]
 
[[category:United States Supreme Court Cases]]
 
[[category:United States Supreme Court Cases]]

Revision as of 01:16, November 1, 2009

Cooper v. Aaron, 358 U.S. 1 (1958), was a case in which the Little Rock school board tried to stop school desegregation. In deciding this, the Warren Court asserted that the federal judiciary and the U.S. Supreme Court was "supreme in the exposition of the law of the Constitution." This went far beyond the Court's previous assertion in Marbury v. Madison that they merely had authority to exposit the Constitution. Rather, it asserted the Supreme Court had authority over the other two branches of government, which was unnecessary to the resolution of the dispute in that case.