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
... better placed to decide the relevant question, or conversely because it has blindly deferred to an actor it ought not to have trusted. That is, asking whether the Court has em- ployed the appropriate level of deference will do a pretty ...
... better placed to decide the relevant question, or conversely because it has blindly deferred to an actor it ought not to have trusted. That is, asking whether the Court has em- ployed the appropriate level of deference will do a pretty ...
Стр. 5
... better at determining whether a given act complies with that mean- ing. What I have tried to do, in other words, is to offer a per- spective from which citizens can judge the Court. The book contains five parts. Part one is the ...
... better at determining whether a given act complies with that mean- ing. What I have tried to do, in other words, is to offer a per- spective from which citizens can judge the Court. The book contains five parts. Part one is the ...
Стр. 24
... better at determining the right answer. The rel- ative abilities of the Court and the other actor to determine the right answer is the first factor the Court must take into ac- count. I call it “institutional competence.” Institutional.
... better at determining the right answer. The rel- ative abilities of the Court and the other actor to determine the right answer is the first factor the Court must take into ac- count. I call it “institutional competence.” Institutional.
Стр. 25
... better in the ordinary case by deferring to the implicit legislative judgment as to the law's constitutionality than by trying to decide the question it- self. It might adopt a doctrinal rule that says that the discrim- ination will be ...
... better in the ordinary case by deferring to the implicit legislative judgment as to the law's constitutionality than by trying to decide the question it- self. It might adopt a doctrinal rule that says that the discrim- ination will be ...
Стр. 30
... better, in such cases, to err on the side of protecting those interests. (Consider by way of com- parison the oft-repeated maxim that it is better to let one hun- dred guilty people go free than to convict one innocent person, and the ...
... better, in such cases, to err on the side of protecting those interests. (Consider by way of com- parison the oft-repeated maxim that it is better to let one hun- dred guilty people go free than to convict one innocent person, and 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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