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. 19
... burden analysis. You will find a host of bewildering distinctions, between content-based and content-neutral regulations of speech, be- tween hard and soft money, between intentional discrimina- tion and disparate impact. All these and ...
... burden analysis. You will find a host of bewildering distinctions, between content-based and content-neutral regulations of speech, be- tween hard and soft money, between intentional discrimina- tion and disparate impact. All these and ...
Стр. 23
... burdens: unless the dis- crimination is in the public interest because it offers net bene- fits to society. The doctrinal rule the Court would follow, then, might simply restate this interpretation of the Equal Protection Clause. If the ...
... burdens: unless the dis- crimination is in the public interest because it offers net bene- fits to society. The doctrinal rule the Court would follow, then, might simply restate this interpretation of the Equal Protection Clause. If the ...
Стр. 27
... burdens of a law fall on out - of - staters , while its benefits go to residents . Out - of - staters cannot vote , so the legislature is unlikely to give full attention to burdens it im- poses on them . It is likely to pass laws that ...
... burdens of a law fall on out - of - staters , while its benefits go to residents . Out - of - staters cannot vote , so the legislature is unlikely to give full attention to burdens it im- poses on them . It is likely to pass laws that ...
Стр. 29
... burden an individual in a way that should not have been permitted . This is unfortunate , but if the problem is simply that the burdens of the law outweigh the benefits , it is likely in most circumstances that the legisla- ture can fix ...
... burden an individual in a way that should not have been permitted . This is unfortunate , but if the problem is simply that the burdens of the law outweigh the benefits , it is likely in most circumstances that the legisla- ture can fix ...
Стр. 32
... burden is inflicted on some group must be jus- tified by a corresponding larger benefit to society . How has this constitutional meaning been translated into doctrine ? Equal protection doctrine works by asking two basic ques- tions ...
... burden is inflicted on some group must be jus- tified by a corresponding larger benefit to society . How has this constitutional meaning been translated into doctrine ? Equal protection doctrine works by asking two basic ques- tions ...
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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