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. 4
... appropriate level of deference will do a pretty good job of picking out the truly bad decisions. I do not expect that all readers will agree with my con- clusions, but I hope that the approach I set out will allow us to identify the ...
... appropriate level of deference will do a pretty good job of picking out the truly bad decisions. I do not expect that all readers will agree with my con- clusions, but I hope that the approach I set out will allow us to identify the ...
Стр. 11
... appropriate response to some of the Court's recent decisions . One , Edwin Vieira , endorsed removal by quoting Stalin's slogan “ No man , no problem . ” ( Stalin , if not Vieira , had something other than impeachment in mind : the full ...
... appropriate response to some of the Court's recent decisions . One , Edwin Vieira , endorsed removal by quoting Stalin's slogan “ No man , no problem . ” ( Stalin , if not Vieira , had something other than impeachment in mind : the full ...
Стр. 26
... appropriate and that the legislative judgment should be treated more skepti- cally. The two I will consider here I call “the lessons of history” and “defects in democracy.” The. Lessons. of. History. History might show that certain kinds of ...
... appropriate and that the legislative judgment should be treated more skepti- cally. The two I will consider here I call “the lessons of history” and “defects in democracy.” The. Lessons. of. History. History might show that certain kinds of ...
Стр. 29
... appropriate . But the ease or difficulty of correction is not the only aspect of the cost of error . One also has to consider how harmful the er- rors are . The question here is the relative magnitude of the benefits to the public and ...
... appropriate . But the ease or difficulty of correction is not the only aspect of the cost of error . One also has to consider how harmful the er- rors are . The question here is the relative magnitude of the benefits to the public and ...
Стр. 33
... illegitimate children are under- represented in state legislatures. Thus, there are some grounds to think that legislatures might not weigh their interests appropriately. This is the factor of defects in democracy. More- over, The Model 33.
... illegitimate children are under- represented in state legislatures. Thus, there are some grounds to think that legislatures might not weigh their interests appropriately. This is the factor of defects in democracy. More- over, The Model 33.
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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