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. 5
... attempting to explain why and how these decisions can or cannot be called legitimate. In these parts, I discuss most of the Court's recent controversial deci- sions, dealing with topics including abortion, the death pen- alty ...
... attempting to explain why and how these decisions can or cannot be called legitimate. In these parts, I discuss most of the Court's recent controversial deci- sions, dealing with topics including abortion, the death pen- alty ...
Стр. 24
... attempt to decide the matter itself but simply accepts the legislative judgment. The same is probably generally true of the second com- ponent of the equal protection requirement, that the discrimination confer net benefits. The costs ...
... attempt to decide the matter itself but simply accepts the legislative judgment. The same is probably generally true of the second com- ponent of the equal protection requirement, that the discrimination confer net benefits. The costs ...
Стр. 27
... attempt to balance costs and benefits itself ; that is , it might adopt a non - deferential doctrinal rule that closely tracks the meaning of the Equal Protection Clause . It might also go further . History shows that discrimina- tion ...
... attempt to balance costs and benefits itself ; that is , it might adopt a non - deferential doctrinal rule that closely tracks the meaning of the Equal Protection Clause . It might also go further . History shows that discrimina- tion ...
Стр. 34
... attempt to balance the costs and benefits of discrimination. This is the lessons of history factor. Note, however, that the Court's doctrinal rule does not tell the Court to balance the costs and benefits itself, or to ask whether the ...
... attempt to balance the costs and benefits of discrimination. This is the lessons of history factor. Note, however, that the Court's doctrinal rule does not tell the Court to balance the costs and benefits itself, or to ask whether the ...
Стр. 35
... attempt to track meaning here. It might be the case that the legislature has discriminated against a racial minority without any hostility and that the benefits of the law exceed its burdens. (Historically, this has seldom hap- pened ...
... attempt to track meaning here. It might be the case that the legislature has discriminated against a racial minority without any hostility and that the benefits of the law exceed its burdens. (Historically, this has seldom hap- pened ...
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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