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. 24
... legislative judgment. The same is probably generally true of the second com- ponent of the equal protection requirement, that the discrimination confer net benefits. The costs and benefits of a law 24 Deciding Constitutional Cases.
... legislative judgment. The same is probably generally true of the second com- ponent of the equal protection requirement, that the discrimination confer net benefits. The costs and benefits of a law 24 Deciding Constitutional Cases.
Стр. 25
... costs exceed its benefits, the doctrinal rule will nonetheless lead the Court to uphold the law. This deferential form of review, we could say, “underenforces” the Equal Protection Clause. As Figure 1 shows, underenforcing doctrine ...
... costs exceed its benefits, the doctrinal rule will nonetheless lead the Court to uphold the law. This deferential form of review, we could say, “underenforces” the Equal Protection Clause. As Figure 1 shows, underenforcing doctrine ...
Стр. 27
... costs and benefits itself ; that is , it might adopt a non - deferential doctrinal rule that closely tracks the ... cost - benefit balanc- ing function accurately . An example of this sort of problem is a case in which the burdens of a ...
... costs and benefits itself ; that is , it might adopt a non - deferential doctrinal rule that closely tracks the ... cost - benefit balanc- ing function accurately . An example of this sort of problem is a case in which the burdens of a ...
Стр. 28
... But there are other considerations that come into play. These are still more factors that may push the Court either to defer or not to defer. The Costs of Error The Court can make two kinds 28 Deciding Constitutional Cases.
... But there are other considerations that come into play. These are still more factors that may push the Court either to defer or not to defer. The Costs of Error The Court can make two kinds 28 Deciding Constitutional Cases.
Стр. 29
... costs that it as- signs to these errors will suggest more or less deference to the legislature . One aspect of the cost is the ease of correction . Here the two errors differ markedly . Upholding an unconstitutional law allows the ...
... costs that it as- signs to these errors will suggest more or less deference to the legislature . One aspect of the cost is the ease of correction . Here the two errors differ markedly . Upholding an unconstitutional law allows the ...
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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