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. |
Результаты поиска по книге
Результаты 1 – 5 из 52
Стр. 2
... allow their personal preferences to influ- ence their professional work. But that is to say that they taught us essentially nothing at all—that “lesson” is at once crash- ingly obvious and more or less empty of content. As Senator ...
... allow their personal preferences to influ- ence their professional work. But that is to say that they taught us essentially nothing at all—that “lesson” is at once crash- ingly obvious and more or less empty of content. As Senator ...
Стр. 3
... allow for more productive discussions of the Court's work. One goal of this book is thus to allow us to assess the new Court's performance as we go forward. Another is more fo- cused on the present and the past. Recent years have seen a ...
... allow for more productive discussions of the Court's work. One goal of this book is thus to allow us to assess the new Court's performance as we go forward. Another is more fo- cused on the present and the past. Recent years have seen a ...
Стр. 4
... allow us to identify the grounds of our disagreement and discuss them more constructively. Whether the Court is deferring or not is a question that can be answered objectively. Whether defer- ence is appropriate is a harder question ...
... allow us to identify the grounds of our disagreement and discuss them more constructively. Whether the Court is deferring or not is a question that can be answered objectively. Whether defer- ence is appropriate is a harder question ...
Стр. 7
... allows partisans to paint the decisions as nothing more than reflec- tions of the justices' political preferences. But the Constitution does not belong to judges, as a mystery intelligible only to a priestly caste, and it does not ...
... allows partisans to paint the decisions as nothing more than reflec- tions of the justices' political preferences. But the Constitution does not belong to judges, as a mystery intelligible only to a priestly caste, and it does not ...
Стр. 17
... allows other private individuals to sue them for damages? Is flag-burning speech? Is a donation to a political ... allowed access to contraception, single people must be given the same right. “Nowhere,” Levin writes, “does the Constitu ...
... allows other private individuals to sue them for damages? Is flag-burning speech? Is a donation to a political ... allowed access to contraception, single people must be given the same right. “Nowhere,” Levin writes, “does the Constitu ...
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 |
Часто встречающиеся слова и выражения
abortion activist affirmative action allow American anti-deferential applications appropriate argued argument asserted Black Brown burdens Bush Casey chapter citizens claim commerce Congress consensus constitutional meaning costs and benefits Court decisions critics decide deference deferential detainees discrimination discuss dissenting doctrinal rule doctrinal test doctrine and meaning Dred Scott Due Process Clause Eighth Amendment enforcement Equal Protection Clause Establishment Clause Executive fact factors federal government Florida Florida Supreme Court Fourteenth Amendment gay marriage gays and lesbians Gore Hamdi homosexual Ibid illegitimate interest issue judges judgment judicial activism Justice justified Kelo Korematsu legislative legislature legitimacy legitimate liberty Lochner Mark Levin Men in Black ment Miranda opinion originalists plain meaning Plessy political prohibits provision punishment question racial minorities Rasul ratifiers reason religious Romer Scalia segregation speech standard stitution strict scrutiny substantial suggest Supreme Court tion understanding University Press uphold violated vote women