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
... determining whether a given act complies with that mean- ing. What I have tried to do, in other words, is to offer a per- spective from which citizens can judge the Court. The book contains five parts. Part one is the theoretical part ...
... determining whether a given act complies with that mean- ing. What I have tried to do, in other words, is to offer a per- spective from which citizens can judge the Court. The book contains five parts. Part one is the theoretical part ...
Стр. 13
... determine those fundamental questions upon which free self- government ultimately depends . ” And it was raised by Theo- dore's cousin Franklin , who accused the Supreme Court of “ acting not as a judicial body , but as a policy ...
... determine those fundamental questions upon which free self- government ultimately depends . ” And it was raised by Theo- dore's cousin Franklin , who accused the Supreme Court of “ acting not as a judicial body , but as a policy ...
Стр. 23
... determine whether the individual or the government bears the burden of persuasion, but we will leave that aside for the moment.) However, matters are not quite that simple. When the constitutionality of government action is challenged ...
... determine whether the individual or the government bears the burden of persuasion, but we will leave that aside for the moment.) However, matters are not quite that simple. When the constitutionality of government action is challenged ...
Стр. 24
... determining the right answer. The rel- ative abilities of the Court and the other actor to determine the right answer is the first factor the Court must take into ac- count. I call it “institutional competence.” Institutional. Competence.
... determining the right answer. The rel- ative abilities of the Court and the other actor to determine the right answer is the first factor the Court must take into ac- count. I call it “institutional competence.” Institutional. Competence.
Стр. 39
... plain meaning of the Constitution does not de- cide any difficult or controversial cases . For the concept of judicial activism to make sense , two things must be true. First, determining the plain meaning of From Activism to Legitimacy 39.
... plain meaning of the Constitution does not de- cide any difficult or controversial cases . For the concept of judicial activism to make sense , two things must be true. First, determining the plain meaning of From Activism to Legitimacy 39.
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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