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. 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
... deferential doctrinal rule that closely tracks the meaning of the Equal Protection Clause . It might also go further . History shows that discrimina- tion against racial minorities has so seldom , if ever , been used for a legitimate ...
... deferential doctrinal rule that closely tracks the meaning of the Equal Protection Clause . It might also go further . History shows that discrimina- tion against racial minorities has so seldom , if ever , been used for a legitimate ...
Стр. 28
... Deferential Review) Figure 2. Overenforcing doctrine. groups and benefit the politically powerful. Here again, non- deferential or anti-deferential doctrine makes sense. While deferential doctrine underenforces the meaning of the ...
... Deferential Review) Figure 2. Overenforcing doctrine. groups and benefit the politically powerful. Here again, non- deferential or anti-deferential doctrine makes sense. While deferential doctrine underenforces the meaning of the ...
Стр. 30
... deferential doctrinal rule to classifi- cations that states make with respect to these very important interests, on the grounds that when such interests are at stake, the cost of erroneously upholding an unconstitutional depri- vation ...
... deferential doctrinal rule to classifi- cations that states make with respect to these very important interests, on the grounds that when such interests are at stake, the cost of erroneously upholding an unconstitutional depri- vation ...
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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