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. 4
... deference will do a pretty good job of picking out the truly bad decisions. I do not expect that all readers will agree with my con- clusions, but I hope that the approach I set out will allow us to identify the grounds of our ...
... deference will do a pretty good job of picking out the truly bad decisions. I do not expect that all readers will agree with my con- clusions, but I hope that the approach I set out will allow us to identify the grounds of our ...
Стр. 5
... deference the Court should give to the judgment of other government ac- tors. The key question for legitimacy, likewise, will frequently be what explanation can be given for the Court's decision to defer or not to defer. Parts two ...
... deference the Court should give to the judgment of other government ac- tors. The key question for legitimacy, likewise, will frequently be what explanation can be given for the Court's decision to defer or not to defer. Parts two ...
Стр. 25
... deferential stance means is that the Court will basically accept the legislature's judgment. It will almost never strike down a law. If the legislature errs and enacts a law whose costs exceed its benefits, the doctrinal rule will ...
... deferential stance means is that the Court will basically accept the legislature's judgment. It will almost never strike down a law. If the legislature errs and enacts a law whose costs exceed its benefits, the doctrinal rule will ...
Стр. 26
Making Sense of Supreme Court Decisions Kermit Roosevelt. Underenforcing Doctrine (Deferential Review) Constitutional Meaning Figure 1. Underenforcing doctrine. are factors that suggest that less deference is appropriate and that the ...
Making Sense of Supreme Court Decisions Kermit Roosevelt. Underenforcing Doctrine (Deferential Review) Constitutional Meaning Figure 1. Underenforcing doctrine. are factors that suggest that less deference is appropriate and that the ...
Стр. 27
Making Sense of Supreme Court Decisions Kermit Roosevelt. tion without any deference to the legislature . It might attempt to balance costs and benefits itself ; that is , it might adopt a non - deferential doctrinal rule that closely ...
Making Sense of Supreme Court Decisions Kermit Roosevelt. tion without any deference to the legislature . It might attempt to balance costs and benefits itself ; that is , it might adopt a non - deferential doctrinal rule that closely ...
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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