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
... arguing over their relative significance, I believe we are talking about the right thing. I try to explain and apply my standard of legitimacy in a relatively straightforward and accessible fashion. This book is not written exclusively ...
... arguing over their relative significance, I believe we are talking about the right thing. I try to explain and apply my standard of legitimacy in a relatively straightforward and accessible fashion. This book is not written exclusively ...
Стр. 6
... arguments I make. Although law review ar- ticles are the standard form of legal scholarship, I have tried where possible to identify books that are more easily available to the general public. These sections will also identify issues I ...
... arguments I make. Although law review ar- ticles are the standard form of legal scholarship, I have tried where possible to identify books that are more easily available to the general public. These sections will also identify issues I ...
Стр. 12
... argument . Levin's assertions blend easily into the growing chorus . Activist judges , he writes , “ have abused their constitutional mandate by imposing their personal prejudices and beliefs on the rest of society . ” They 12 Deciding ...
... argument . Levin's assertions blend easily into the growing chorus . Activist judges , he writes , “ have abused their constitutional mandate by imposing their personal prejudices and beliefs on the rest of society . ” They 12 Deciding ...
Стр. 18
... argument that Levin's preferred results are commanded by the “ plain meaning ” of the Constitution reaches a peak of absurdity as he protests that the Court “ went so far as to extend the term ' person ' in the Fourteenth Amend- ment to ...
... argument that Levin's preferred results are commanded by the “ plain meaning ” of the Constitution reaches a peak of absurdity as he protests that the Court “ went so far as to extend the term ' person ' in the Fourteenth Amend- ment to ...
Стр. 38
... argument. It starts with the observation that judicial activism is an empty epithet. Judicial activism, as the concept is typically used, means deciding a case contrary to the plain meaning of the Constitu- tion in order to promote the ...
... argument. It starts with the observation that judicial activism is an empty epithet. Judicial activism, as the concept is typically used, means deciding a case contrary to the plain meaning of the Constitu- tion in order to promote the ...
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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