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
... cases can teach us about activism and legitimacy, and about the question of whether the Supreme Court has become too powerful, as its critics charge. The theoretical part of the book is essential to set Introduction 5.
... cases can teach us about activism and legitimacy, and about the question of whether the Supreme Court has become too powerful, as its critics charge. The theoretical part of the book is essential to set Introduction 5.
Стр. 11
... critics of the Supreme Court gath- ered in Washington at a conference entitled “ Rem- edies to Judicial Tyranny . ” Several speakers sug- gested that impeachment would be an appropriate response to some of the Court's recent decisions ...
... critics of the Supreme Court gath- ered in Washington at a conference entitled “ Rem- edies to Judicial Tyranny . ” Several speakers sug- gested that impeachment would be an appropriate response to some of the Court's recent decisions ...
Стр. 12
... criticism is made with dif- ferent degrees of sophistication , but at bottom the critics say the same thing . Activist judges , they claim , are substituting their own political preferences for the mandates of the Consti- tution . They ...
... criticism is made with dif- ferent degrees of sophistication , but at bottom the critics say the same thing . Activist judges , they claim , are substituting their own political preferences for the mandates of the Consti- tution . They ...
Стр. 14
... critics remain, but on the whole those decisions are now considered both legitimate and unassailable. The most striking example of a successful “activist” deci- sion is probably Brown v. Board of Education, which held public school ...
... critics remain, but on the whole those decisions are now considered both legitimate and unassailable. The most striking example of a successful “activist” deci- sion is probably Brown v. Board of Education, which held public school ...
Стр. 15
... critics . If the charge of activism is to be anything more than a political talking point — and it should surprise no one that , frequently , that is all it is — we need some way of de- termining when the charge is justified and when it ...
... critics . If the charge of activism is to be anything more than a political talking point — and it should surprise no one that , frequently , that is all it is — we need some way of de- termining when the charge is justified and when it ...
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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