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
... discuss them more constructively. Whether the Court is deferring or not is a question that can be answered objectively. Whether defer- ence is appropriate is a harder question, and it does not have an objectively correct answer. But the ...
... discuss them more constructively. Whether the Court is deferring or not is a question that can be answered objectively. Whether defer- ence is appropriate is a harder question, and it does not have an objectively correct answer. But the ...
Стр. 5
... discuss most of the Court's recent controversial deci- sions, dealing with topics including abortion, the death pen- alty, affirmative action, gay rights, the war on terror, and the taking of private property for public use. I also discuss ...
... discuss most of the Court's recent controversial deci- sions, dealing with topics including abortion, the death pen- alty, affirmative action, gay rights, the war on terror, and the taking of private property for public use. I also discuss ...
Стр. 27
... discuss later . For present purposes , it is enough to distinguish between deferential doctrine and anti - deferential doctrine . ) Defects in Democracy The second kind of situation in which an anti - deferential rule is justified is ...
... discuss later . For present purposes , it is enough to distinguish between deferential doctrine and anti - deferential doctrine . ) Defects in Democracy The second kind of situation in which an anti - deferential rule is justified is ...
Стр. 34
... scrutiny is almost always that the discrimi- nation will be struck down. As with intermediate scrutiny, a number of the factors discussed earlier support the use of strict scrutiny in these 34 Deciding Constitutional Cases.
... scrutiny is almost always that the discrimi- nation will be struck down. As with intermediate scrutiny, a number of the factors discussed earlier support the use of strict scrutiny in these 34 Deciding Constitutional Cases.
Стр. 35
... discussed earlier in this chapter. To use the terminology I will adopt in the next chapter, I have explained why this doctrine is legitimate. As we will see, the Court in fact applies heightened scrutiny in a somewhat wider variety of ...
... discussed earlier in this chapter. To use the terminology I will adopt in the next chapter, I have explained why this doctrine is legitimate. As we will see, the Court in fact applies heightened scrutiny in a somewhat wider variety 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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