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. 16
... discriminatory . Even an ordinary criminal law — for instance , the law against burglary — discriminates between those who commit burglary and those who do not . And even if we exclude “ discrimination ” based solely on conduct , ...
... discriminatory . Even an ordinary criminal law — for instance , the law against burglary — discriminates between those who commit burglary and those who do not . And even if we exclude “ discrimination ” based solely on conduct , ...
Стр. 18
... discrimination ; most Supreme Court justices would agree on that . But agreement that unjustified discrimination violates the Constitution is not agreement on much . It is not agree- ment about how specific cases should come out , for ...
... discrimination ; most Supreme Court justices would agree on that . But agreement that unjustified discrimination violates the Constitution is not agreement on much . It is not agree- ment about how specific cases should come out , for ...
Стр. 23
... discriminate unless the bene- fits of its classification outweigh the burdens: unless the dis- crimination is in the ... discrimination is not the product of hostility and confers benefits that outweigh the burdens it imposes, the govern ...
... discriminate unless the bene- fits of its classification outweigh the burdens: unless the dis- crimination is in the ... discrimination is not the product of hostility and confers benefits that outweigh the burdens it imposes, the govern ...
Стр. 24
... discriminated against are not the product of hostility and are outweighed by the benefits of discrimination. The Court is in part reviewing the governmental action, but it is also in part reviewing the judgment of the governmental actor ...
... discriminated against are not the product of hostility and are outweighed by the benefits of discrimination. The Court is in part reviewing the governmental action, but it is also in part reviewing the judgment of the governmental actor ...
Стр. 26
... discrimination have frequently been used for improper purposes in the past. Dis- crimination against racial minorities, for instance, is an unfor- tunate staple of American history. It has frequently been the product of hostility, or of ...
... discrimination have frequently been used for improper purposes in the past. Dis- crimination against racial minorities, for instance, is an unfor- tunate staple of American history. It has frequently been the product of hostility, or of ...
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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