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. 1
... American people , through their elected representatives , the chance to say what they want in terms of constitutional inter- pretation . On that question , the answer seemed clear . Presi-. Introduction: Judging the Court.
... American people , through their elected representatives , the chance to say what they want in terms of constitutional inter- pretation . On that question , the answer seemed clear . Presi-. Introduction: Judging the Court.
Стр. 14
... clear abuse of judicial power.”12 What does this survey show? The Supreme Court has been called activist by good politicians and bad ones, by those whose judgment history would vindicate, and by those whose views are now marginal and ...
... clear abuse of judicial power.”12 What does this survey show? The Supreme Court has been called activist by good politicians and bad ones, by those whose judgment history would vindicate, and by those whose views are now marginal and ...
Стр. 15
... clearly correct an- swer ( frequently called “ the plain meaning of the Constitu- tion ” ) that judges are ... clear rules . It provides that a bill will become a law if it is passed by both houses of Congress and signed by the ...
... clearly correct an- swer ( frequently called “ the plain meaning of the Constitu- tion ” ) that judges are ... clear rules . It provides that a bill will become a law if it is passed by both houses of Congress and signed by the ...
Стр. 18
... clear . It is because the clear meaning exists at a relatively high level of generality . The Equal Protection Clause forbids unjustified discrimination ; most Supreme Court justices would agree on that . But agreement that unjustified ...
... clear . It is because the clear meaning exists at a relatively high level of generality . The Equal Protection Clause forbids unjustified discrimination ; most Supreme Court justices would agree on that . But agreement that unjustified ...
Стр. 31
... clear rules can also be undesirable precisely because of their clarity. If individuals know the rules that will be applied to assess their actions, they can shape their behavior around the rules. Government officials might be able to ...
... clear rules can also be undesirable precisely because of their clarity. If individuals know the rules that will be applied to assess their actions, they can shape their behavior around the rules. Government officials might be able to ...
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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