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. 27
... different forms of height- ened scrutiny , intermediate and strict , which I will discuss later . For present purposes , it is enough to distinguish between deferential doctrine and anti - deferential doctrine . ) Defects in Democracy ...
... different forms of height- ened scrutiny , intermediate and strict , which I will discuss later . For present purposes , it is enough to distinguish between deferential doctrine and anti - deferential doctrine . ) Defects in Democracy ...
Стр. 32
... different possible an- swers to these questions will lead the Court down different doc- trinal paths , which are known as the tiers of scrutiny . Under the first question , most answers will lead the Court to review the discrimination ...
... different possible an- swers to these questions will lead the Court down different doc- trinal paths , which are known as the tiers of scrutiny . Under the first question , most answers will lead the Court to review the discrimination ...
Стр. 36
... different from the dichotomy between activism and direct enforcement favored by some politicians . And it is substan- tially different from the more plausible model of perfect en- forcement that many people probably subscribe to . The ...
... different from the dichotomy between activism and direct enforcement favored by some politicians . And it is substan- tially different from the more plausible model of perfect en- forcement that many people probably subscribe to . The ...
Стр. 42
... different areas of con- stitutional law. They are not restatements or more precise specifications of the meaning of some particular provision of the Constitution. Indeed, applying these doctrinal tests will sometimes lead the Court to ...
... different areas of con- stitutional law. They are not restatements or more precise specifications of the meaning of some particular provision of the Constitution. Indeed, applying these doctrinal tests will sometimes lead the Court to ...
Стр. 45
... different competencies of courts and legisla- tures is one that can make some progress . Participants might be able to change each other's minds , or at least challenge each other to consider whether they attach the same significance to ...
... different competencies of courts and legisla- tures is one that can make some progress . Participants might be able to change each other's minds , or at least challenge each other to consider whether they attach the same significance to ...
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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