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. 12
... claim , are substituting their own political preferences for the mandates of the Consti- tution . They are exercising will , not judgment ; they are impos- ing their own values on society . In his statement announcing support for a ...
... claim , are substituting their own political preferences for the mandates of the Consti- tution . They are exercising will , not judgment ; they are impos- ing their own values on society . In his statement announcing support for a ...
Стр. 17
... claims that “[t]he framers could not have been clearer about what they meant or about their intentions”16and goes on to denounce the Supreme Court for allowing some restrictions on campaign contributions. But whatever we may say about ...
... claims that “[t]he framers could not have been clearer about what they meant or about their intentions”16and goes on to denounce the Supreme Court for allowing some restrictions on campaign contributions. But whatever we may say about ...
Стр. 18
... claim rights under the Fourteenth Amendment . But that such a per- son is not a “ person ” according to the plain meaning of the word is not one of them . So a judge cannot simply enforce the plain meaning of the Constitution . This is ...
... claim rights under the Fourteenth Amendment . But that such a per- son is not a “ person ” according to the plain meaning of the word is not one of them . So a judge cannot simply enforce the plain meaning of the Constitution . This is ...
Стр. 31
... claim shelter under the doctrine when the meaning left their conduct un- protected. An analogy is the practice of finding loopholes in the tax code, which ingenious lawyers regularly do, and to which Congress responds with regular ...
... claim shelter under the doctrine when the meaning left their conduct un- protected. An analogy is the practice of finding loopholes in the tax code, which ingenious lawyers regularly do, and to which Congress responds with regular ...
Стр. 37
... claims to do , but fails : to distinguish between decisions that should be accepted and those that should be condemned or opposed . What I mean by a legitimate decision is essentially an appropriate exercise of judicial authority . Citi ...
... claims to do , but fails : to distinguish between decisions that should be accepted and those that should be condemned or opposed . What I mean by a legitimate decision is essentially an appropriate exercise of judicial authority . Citi ...
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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