Marxist Redistribution - Legislative or Judicial decision

Which one shall it be? Our friendly Marxist must decide! BTW, this was in 2001. (h/t capitalist piglet).

Please pay special attention - Senator Obama states the Warren court wasn't that radical because it "didn't break down constraints of the Constitution as laid down by the Founding Fathers".

For reference:

Marxism -

The political and economic philosophy of Karl Marx and Friedrich Engels in which the concept of class struggle plays a central role in understanding society's allegedly inevitable development from bourgeois oppression under capitalism to a socialist and ultimately classless society.

Socialism -

1. Any of various theories or systems of social organization in which the means of producing and distributing goods is owned collectively or by a centralized government that often plans and controls the economy.
2. The stage in Marxist-Leninist theory intermediate between capitalism and communism, in which collective ownership of the economy under the dictatorship of the proletariat has not yet been successfully achieved.