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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... Doctrine Is For 22 THREE From Activism to Legitimacy 37 Part II - Easy Cases FOUR Equal Protection , Criminal Procedure , Executive Detention 65 Part III - Hard Cases FIVE Gay Rights : Romer , Lawrence , and Goodridge 91 SIX Abortion ...
... Doctrine Is For 22 THREE From Activism to Legitimacy 37 Part II - Easy Cases FOUR Equal Protection , Criminal Procedure , Executive Detention 65 Part III - Hard Cases FIVE Gay Rights : Romer , Lawrence , and Goodridge 91 SIX Abortion ...
Стр. 5
... doctrine. It explains the factors that go into the creation of doctrine, and it uses them to de- velop a standard by which the legitimacy of doctrine can be assessed. This standard suggests that the key disagreement among Supreme Court ...
... doctrine. It explains the factors that go into the creation of doctrine, and it uses them to de- velop a standard by which the legitimacy of doctrine can be assessed. This standard suggests that the key disagreement among Supreme Court ...
Стр. 6
... doctrine as well as the Con- stitution itself—and in the “Further Reading” sections I cannot do full justice to those complexities. I hope that the sections will answer some of the questions that may occur to lawyers or aca- demics who ...
... doctrine as well as the Con- stitution itself—and in the “Further Reading” sections I cannot do full justice to those complexities. I hope that the sections will answer some of the questions that may occur to lawyers or aca- demics who ...
Стр. 19
... Doctrine is the nitty-gritty of constitutional adjudica- tion. It is the set of rules that the Supreme Court creates to take it from the grand language of the Constitution to the actual outcomes of particular cases. In deciding cases ...
... Doctrine is the nitty-gritty of constitutional adjudica- tion. It is the set of rules that the Supreme Court creates to take it from the grand language of the Constitution to the actual outcomes of particular cases. In deciding cases ...
Стр. 20
... doctrine. The mere existence of doctrine poses a problem for the proponents of direct enforcement. None of these tests and distinctions is there in the Constitution itself. If legitimate judicial behavior is limited to enforcing the ...
... doctrine. The mere existence of doctrine poses a problem for the proponents of direct enforcement. None of these tests and distinctions is there in the Constitution itself. If legitimate judicial behavior is limited to enforcing the ...
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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