The Myth of Judicial Activism: Making Sense of Supreme Court DecisionsYale University Press, 1 янв. 2008 г. - Всего страниц: 262 Despite the United States' ban on slave importation in 1808, profitable interstate slave trading continued. The nineteenth century's great cotton boom required vast human labour to bring new lands under cultivation, and many thousands of slaves were torn from their families and sold across state lines in distant markets. Shocked by the cruelty and extent of this practice, abolitionists called upon the federal government to exercise its constitutional authority over interstate commerce and outlaw the interstate selling of slaves. This groundbreaking book is the first to tell the complex story of the decades-long debate and legal battle over federal regulation of the slave trade. David Lightner explores a wide range of constitutional, social, and political issues that absorbed antebellum America. He revises accepted interpretations of various historical figures, including James Madison, Harriet Beecher Stowe, and Abraham Lincoln, and he argues convincingly that southern anxiety over the threat to the interstate slave trade was a key precipitant to the secession of the South and the Civil War. |
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Стр. 17
... Equal Protection Clause, Levin takes the Supreme Court to task for holding that if married couples are allowed access to contraception, single people must be given the same right. “Nowhere,” Levin writes, “does the Constitution require ...
... Equal Protection Clause, Levin takes the Supreme Court to task for holding that if married couples are allowed access to contraception, single people must be given the same right. “Nowhere,” Levin writes, “does the Constitution require ...
Стр. 18
... Equal Protection Clause forbids unjustified discrimination; most Supreme Court justices would agree on that. But agreement that unjustified discrimination violates the Constitution is not agreement on much. It is not agreement about how ...
... Equal Protection Clause forbids unjustified discrimination; most Supreme Court justices would agree on that. But agreement that unjustified discrimination violates the Constitution is not agreement on much. It is not agreement about how ...
Стр. 23
... Equal Protection Clause, which says that no state may “deny to any person within its jurisdiction the equal protection of the laws.”And suppose it has decided that the meaning of this provision is essentially that the government may not ...
... Equal Protection Clause, which says that no state may “deny to any person within its jurisdiction the equal protection of the laws.”And suppose it has decided that the meaning of this provision is essentially that the government may not ...
Стр. 25
... Equal Protection Clause. As Figure 1 shows, underenforcing doctrine strikes down a good deal less than the Constitution actually prohibits, on the theory that leaving the legislature's judgment undisturbed will lead to fewer errors ...
... Equal Protection Clause. As Figure 1 shows, underenforcing doctrine strikes down a good deal less than the Constitution actually prohibits, on the theory that leaving the legislature's judgment undisturbed will lead to fewer errors ...
Стр. 27
... Equal Protection Clause. It might also go further. History shows that discrimination against racial minorities has so seldom, if ever, been used for a legitimate purpose that the Court might apply what it calls heightened scrutiny to ...
... Equal Protection Clause. It might also go further. History shows that discrimination against racial minorities has so seldom, if ever, been used for a legitimate purpose that the Court might apply what it calls heightened scrutiny to ...
Содержание
1 | |
9 | |
Part II Easy Cases | 63 |
Part III Hard Cases | 87 |
Part IV Illegitimacy | 167 |
Part V Striking the Balance | 227 |
Notes | 237 |
Index | 247 |
Другие издания - Просмотреть все
The Myth of Judicial Activism: Making Sense of Supreme Court Decisions Kermit Roosevelt Ограниченный просмотр - 2006 |
The Myth of Judicial Activism: Making Sense of Supreme Court Decisions Kermit Roosevelt Ограниченный просмотр - 2008 |
The Myth of Judicial Activism: Making Sense of Supreme Court Decisions Kermit Roosevelt Просмотр фрагмента - 2006 |
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