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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... decision. It does not do so by developing a theory of activism, for in practice “activist” turns out to be little more than a rhetorically charged shorthand for decisions the speaker disagrees with. In place of the overworked concept of ...
... decision. It does not do so by developing a theory of activism, for in practice “activist” turns out to be little more than a rhetorically charged shorthand for decisions the speaker disagrees with. In place of the overworked concept of ...
Стр. 5
... decision to defer or not to defer. Parts two, three, and four form the body of the book. They take the model developed in the first part and apply it to actual Supreme Court cases, attempting to explain why and how these decisions can ...
... decision to defer or not to defer. Parts two, three, and four form the body of the book. They take the model developed in the first part and apply it to actual Supreme Court cases, attempting to explain why and how these decisions can ...
Стр. 14
... decisions of the 1960s that broadened the constitutional protections for crimi- nal defendants: they were intensely controversial at the time, and some critics remain, but on the whole those decisions are now considered both legitimate ...
... decisions of the 1960s that broadened the constitutional protections for crimi- nal defendants: they were intensely controversial at the time, and some critics remain, but on the whole those decisions are now considered both legitimate ...
Стр. 15
... decision is activist . Most critics start out by saying that the decisions they call activist are wrong . But activism is more than error , and the next step is thus to argue that the error is so blatant that it can- not be a good faith ...
... decision is activist . Most critics start out by saying that the decisions they call activist are wrong . But activism is more than error , and the next step is thus to argue that the error is so blatant that it can- not be a good faith ...
Стр. 18
Making Sense of Supreme Court Decisions Kermit Roosevelt. speech in any obvious , literal sense — and it is farther ... decision . The idealized opposite of judicial activ- ism — what I call “ direct enforcement ” of the Constitution ...
Making Sense of Supreme Court Decisions Kermit Roosevelt. speech in any obvious , literal sense — and it is farther ... decision . The idealized opposite of judicial activ- ism — what I call “ direct enforcement ” of the Constitution ...
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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