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. 5
... accepted or universally re- jected. Part Five considers what the survey of cases can teach us about activism and legitimacy, and about the question of whether the Supreme Court has become too powerful, as its critics charge. The ...
... accepted or universally re- jected. Part Five considers what the survey of cases can teach us about activism and legitimacy, and about the question of whether the Supreme Court has become too powerful, as its critics charge. The ...
Стр. 25
... accept the legislature's judgment. It will almost never strike down a law. If the legislature errs and enacts a law whose costs exceed its benefits, the doctrinal rule will nonetheless lead the Court to uphold the law. This deferential ...
... accept the legislature's judgment. It will almost never strike down a law. If the legislature errs and enacts a law whose costs exceed its benefits, the doctrinal rule will nonetheless lead the Court to uphold the law. This deferential ...
Стр. 27
... accept the legislative judgment ; it stacks the deck against the legislature . It does not simply ask whether the discrimination confers net benefits ; instead , it requires that the discrimination be closely connected to a government ...
... accept the legislative judgment ; it stacks the deck against the legislature . It does not simply ask whether the discrimination confers net benefits ; instead , it requires that the discrimination be closely connected to a government ...
Стр. 36
... accepted among legal scholars . In the University of Virginia law review , I have of- fered a more technical exposition of the point , with applica- tions similar to case studies in later chapters of this book , in Constitutional ...
... accepted among legal scholars . In the University of Virginia law review , I have of- fered a more technical exposition of the point , with applica- tions similar to case studies in later chapters of this book , in Constitutional ...
Стр. 37
... accepted and those that should be condemned or opposed . What I mean by a legitimate decision is essentially an appropriate exercise of judicial authority . Citi- zens or government officials may disagree with a legitimate de- cision ...
... accepted and those that should be condemned or opposed . What I mean by a legitimate decision is essentially an appropriate exercise of judicial authority . Citi- zens or government officials may disagree with a legitimate de- cision ...
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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