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. 38
... - ticular case. We might also call a decision activist if it strikes down a state or federal law. There the court is asserting itself against an elected branch of government ; it is decreeing 38 Deciding Constitutional Cases.
... - ticular case. We might also call a decision activist if it strikes down a state or federal law. There the court is asserting itself against an elected branch of government ; it is decreeing 38 Deciding Constitutional Cases.
Стр. 40
... asserted, is “a layman's document, not a lawyer's contract,” intended to be read and understood by citizens.1 The Federalist Papers, the most comprehensive founding-era explanation and defense of the Constitution, were explicitly ...
... asserted, is “a layman's document, not a lawyer's contract,” intended to be read and understood by citizens.1 The Federalist Papers, the most comprehensive founding-era explanation and defense of the Constitution, were explicitly ...
Стр. 41
... ? ) . In fact , the kinds of people who talk about judicial activism tend to make very little effort to explain how a decision conflicts with gener- plain meaning. Far more frequently, they simply assert that From Activism to Legitimacy 41.
... ? ) . In fact , the kinds of people who talk about judicial activism tend to make very little effort to explain how a decision conflicts with gener- plain meaning. Far more frequently, they simply assert that From Activism to Legitimacy 41.
Стр. 42
... assert that the conflict exists. As we have seen, this kind of assertion is ally wrong (the plain meaning of the Equal Protection Clause does not tell you which forms of discrimination are prohib- ited) and sometimes absurd (the plain ...
... assert that the conflict exists. As we have seen, this kind of assertion is ally wrong (the plain meaning of the Equal Protection Clause does not tell you which forms of discrimination are prohib- ited) and sometimes absurd (the plain ...
Стр. 49
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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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