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. 5
... citizens can judge the Court. The book contains five parts. Part one is the theoretical part. It offers a description of constitutional decision-making that distinguishes between the meaning of the Constitution and the rules that judges ...
... citizens can judge the Court. The book contains five parts. Part one is the theoretical part. It offers a description of constitutional decision-making that distinguishes between the meaning of the Constitution and the rules that judges ...
Стр. 6
... citizens to understand and eval- uate the work of the Supreme Court—is crucial to the health of our constitutional ... citizen should be concerned. Sadly, the Court frequently writes opinions that are ac- cessible 6 Introduction.
... citizens to understand and eval- uate the work of the Supreme Court—is crucial to the health of our constitutional ... citizen should be concerned. Sadly, the Court frequently writes opinions that are ac- cessible 6 Introduction.
Стр. 19
... citizens bold enough to venture into the work product of their nation's highest court. It will be very easy to see that Supreme Court decisions never just apply the words of the Constitution. Indeed, they focus very little on the words ...
... citizens bold enough to venture into the work product of their nation's highest court. It will be very easy to see that Supreme Court decisions never just apply the words of the Constitution. Indeed, they focus very little on the words ...
Стр. 34
... citizens, or if it is discriminating with respect to fundamental rights, the Court will employ what is known as “strict scrutiny.” Strict scrutiny requires that the discrimina- tion be necessary to serve a compelling state interest ...
... citizens, or if it is discriminating with respect to fundamental rights, the Court will employ what is known as “strict scrutiny.” Strict scrutiny requires that the discrimina- tion be necessary to serve a compelling state interest ...
Стр. 35
... citizens cannot vote, so the legislature is likely to be relatively unre- sponsive to their concerns. Similarly, racial minorities fre- quently have lesser political power. The lessons of history come into play as well, for there is a ...
... citizens cannot vote, so the legislature is likely to be relatively unre- sponsive to their concerns. Similarly, racial minorities fre- quently have lesser political power. The lessons of history come into play as well, for there is a ...
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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