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. 13
... basic principles of American democracy.The sound bites are easy to manufacture and hard to rebut. No one, after all, would argue that judicial activism is a good thing. Precisely because the specter of government by judiciary strikes ...
... basic principles of American democracy.The sound bites are easy to manufacture and hard to rebut. No one, after all, would argue that judicial activism is a good thing. Precisely because the specter of government by judiciary strikes ...
Стр. 15
... basic reason that the term “activism”has no place in a serious discussion is that relatively few significant or controversial cases possess clear right answers. That is not to say that there are never obvious answers to constitutional ...
... basic reason that the term “activism”has no place in a serious discussion is that relatively few significant or controversial cases possess clear right answers. That is not to say that there are never obvious answers to constitutional ...
Стр. 17
... basis of the Constitution's words alone, as Levin later does, that “[t]he Fourteenth Amendment prohibits all state discrimination based on race, without exception.”15 With respect to the First Amendment, Levin claims that “[t]he framers ...
... basis of the Constitution's words alone, as Levin later does, that “[t]he Fourteenth Amendment prohibits all state discrimination based on race, without exception.”15 With respect to the First Amendment, Levin claims that “[t]he framers ...
Стр. 20
... basic question this book seeks to answer—is what makes doctrine legitimate. How can we distinguish between rules that are justifiable as ways to implement constitutional meaning and those that distort the Constitution? To answer this ...
... basic question this book seeks to answer—is what makes doctrine legitimate. How can we distinguish between rules that are justifiable as ways to implement constitutional meaning and those that distort the Constitution? To answer this ...
Стр. 29
... probably be done on a case-by- case basis. To return to the Equal Protection Clause,if the discrimination takes the form of denying individuals something very important or valuable,its cost is greater.The Court might thus The Model 29.
... probably be done on a case-by- case basis. To return to the Equal Protection Clause,if the discrimination takes the form of denying individuals something very important or valuable,its cost is greater.The Court might thus The Model 29.
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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