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. vii
... Refusing to Defer 169 TWELVE Reviled Decisions 202 Part V - Striking the Balance THIRTEEN Branches Behaving Badly : Whom Do You Trust ? 229 Notes 237 Index 247 inated D.C. Circuit Court judge John Roberts to suc- ceed viii Contents.
... Refusing to Defer 169 TWELVE Reviled Decisions 202 Part V - Striking the Balance THIRTEEN Branches Behaving Badly : Whom Do You Trust ? 229 Notes 237 Index 247 inated D.C. Circuit Court judge John Roberts to suc- ceed viii Contents.
Стр. 22
... branches of the federal government, and the doctrine that it creates is designed to do a good deal more (and in some cir- cumstances less) than simply get the right answer. The best way to see this is to walk through the reasoning ...
... branches of the federal government, and the doctrine that it creates is designed to do a good deal more (and in some cir- cumstances less) than simply get the right answer. The best way to see this is to walk through the reasoning ...
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. 39
Making Sense of Supreme Court Decisions Kermit Roosevelt. against an elected branch of government ; it is decreeing that some issue will not be settled through the democratic process . Procedural activism is rare , however . This attempt ...
Making Sense of Supreme Court Decisions Kermit Roosevelt. against an elected branch of government ; it is decreeing that some issue will not be settled through the democratic process . Procedural activism is rare , however . This attempt ...
Стр. 43
... branches of government, as critics who call it “activist” charge, a lack of appropriate deference is the basic form such an abuse and usurpation would take. The first part of this evaluation requires us to decide whether the Court is ...
... branches of government, as critics who call it “activist” charge, a lack of appropriate deference is the basic form such an abuse and usurpation would take. The first part of this evaluation requires us to decide whether the Court is ...
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 |
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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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