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. 23
... benefits that outweigh the burdens it imposes, the govern- ment will win. If not, the individual who has been discrimi- nated against will win. (In order to decide an actual case, the Court would also have to determine whether the ...
... benefits that outweigh the burdens it imposes, the govern- ment will win. If not, the individual who has been discrimi- nated against will win. (In order to decide an actual case, the Court would also have to determine whether the ...
Стр. 24
... benefits of discrimination. The Court is in part reviewing the governmental action, but it is also in part reviewing the judgment of the governmental actor. If ... benefits. The costs and benefits of a law 24 Deciding Constitutional Cases.
... benefits of discrimination. The Court is in part reviewing the governmental action, but it is also in part reviewing the judgment of the governmental actor. If ... benefits. The costs and benefits of a law 24 Deciding Constitutional Cases.
Стр. 25
Making Sense of Supreme Court Decisions Kermit Roosevelt. ination confer net benefits. The costs and benefits of a law are difficult to calculate. They may depend on complex factual analysis, and they may depend on the intensity of ...
Making Sense of Supreme Court Decisions Kermit Roosevelt. ination confer net benefits. The costs and benefits of a law are difficult to calculate. They may depend on complex factual analysis, and they may depend on the intensity of ...
Стр. 27
... 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 against racial minorities has ...
... 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 against racial minorities has ...
Стр. 28
... benefit the politically powerful. Here again, non- deferential or anti-deferential doctrine makes sense. While deferential doctrine underenforces the meaning of the Constitution, anti-deferential doctrine overenforces. As Figure 2 ...
... benefit the politically powerful. Here again, non- deferential or anti-deferential doctrine makes sense. While deferential doctrine underenforces the meaning of the Constitution, anti-deferential doctrine overenforces. As Figure 2 ...
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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