In 1893, Justice David J

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The Answer is In 1893, both Justice David J. Brewer and Professor James Bradley Thayer expressed their views on the role of the judiciary, particularly in the context of the debate between judicial activism and judicial restraint.

Justice David J. Brewer, who served on the United States Supreme Court from 1889 to 1910, was known for his belief in a more restrained role for the judiciary. He emphasized the importance of the courts respecting the decisions and the authority of the other branches of government, particularly the legislative branch. Brewer believed that the courts should not overstep their bounds or become too involved in policy-making, which he saw as the proper domain of the elected branches of government.

Professor James Bradley Thayer, a prominent legal scholar of the time, also argued for judicial restraint. In his influential 1893 article "The Origin and Scope of the American Doctrine of Constitutional Law," Thayer articulated the view that courts should defer to the legislature and should only strike down legislation when it violates the Constitution in a clear and unmistakable manner. He posited that if there was any reasonable doubt about the constitutionality of a law, the courts should uphold it and allow the political process to correct any issues.

Thayer's perspective was that the judiciary should not substitute its own judgment for that of the legislature unless there was a clear conflict with the Constitution. This principle, known as the "clear mistake rule," suggests that judicial intervention should be minimal and that the courts should exercise restraint, upholding laws unless they are clearly unconstitutional.

In summary, both Justice Brewer and Professor Thayer recommended a restrained role for the Supreme Court and the judiciary at large, advocating for deference to the legislative and executive branches unless there was a clear and undeniable conflict with the Constitution. Their views contributed to the ongoing debate about the proper balance of power between the branches of government and the extent to which the judiciary should involve itself in matters of policy and lawmaking.

In 1893, Justice David J

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In 1893, Justice David J

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