The Doctrine of Judicial Review
483
reluctance to impose limits on the commerce power since 1937, the court
has, in fact, virtually abandoned judicial review in many areas of the law.
Such a hands-off policy is most emphatically not the case with regard
to the application of judicial review against the States. Between 1789
and 1860, the Supreme Court held a State constitutional provision, law,
or ordinance unconstitutional in 36 instances. This number was quickly
matched in the period from 1861 to 1873; and from 1861 to 1937, the number climbed to 515, about a İ