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 45
Стр. 1
... gives the American people , through their elected representatives , the chance to say what they want in terms of constitutional inter- pretation . On that question , the answer seemed clear . Presi-. Introduction: Judging the Court.
... gives the American people , through their elected representatives , the chance to say what they want in terms of constitutional inter- pretation . On that question , the answer seemed clear . Presi-. Introduction: Judging the Court.
Стр. 4
... answered objectively. Whether defer- ence is appropriate is a harder question, and it does not have an objectively correct answer. But the set of factors that sup- ports deference or a refusal to defer is a limited one, and if we are ...
... answered objectively. Whether defer- ence is appropriate is a harder question, and it does not have an objectively correct answer. But the set of factors that sup- ports deference or a refusal to defer is a limited one, and if we are ...
Стр. 6
... answer some of the questions that may occur to lawyers or aca- demics who read the book, but they can also be skimmed or skipped without compromising my main objective. That objective—helping citizens to understand and eval- uate the ...
... answer some of the questions that may occur to lawyers or aca- demics who read the book, but they can also be skimmed or skipped without compromising my main objective. That objective—helping citizens to understand and eval- uate the ...
Стр. 15
... answers . That is not to say that there are never obvious answers to constitutional questions . The Constitution does contain some very clear rules . It provides that a bill will become a law if it is passed by both houses of Congress ...
... answers . That is not to say that there are never obvious answers to constitutional questions . The Constitution does contain some very clear rules . It provides that a bill will become a law if it is passed by both houses of Congress ...
Стр. 17
... answered by the words of the First Amendment alone. Men in Black offers several neat, if inadvertent, examples of the difficulties one encounters in trying to maintain that the plain meaning of the Constitution resolves controversial ...
... answered by the words of the First Amendment alone. Men in Black offers several neat, if inadvertent, examples of the difficulties one encounters in trying to maintain that the plain meaning of the Constitution resolves controversial ...
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