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. 3
... deeply divisive; and some that most everyone agrees were mistakes.I try to show that once we move beyond the misleadingly simplistic rhetoric of activism, most Supreme Court decisions are in fact legitimate.When the Supreme Introduction 3.
... deeply divisive; and some that most everyone agrees were mistakes.I try to show that once we move beyond the misleadingly simplistic rhetoric of activism, most Supreme Court decisions are in fact legitimate.When the Supreme Introduction 3.
Стр. 4
Making Sense of Supreme Court Decisions Kermit Roosevelt. most Supreme Court decisions are in fact legitimate.When the Supreme Court goes badly astray,the mistake generally comes because it has refused to defer to some other governmental ...
Making Sense of Supreme Court Decisions Kermit Roosevelt. most Supreme Court decisions are in fact legitimate.When the Supreme Court goes badly astray,the mistake generally comes because it has refused to defer to some other governmental ...
Стр. 14
... early twenty-first century, liberals are rediscovering the phrase as well. Recent books on the subject argue that the Rehnquist Court displayed “activism on the right” and was in fact “the most 14 Deciding Constitutional Cases.
... early twenty-first century, liberals are rediscovering the phrase as well. Recent books on the subject argue that the Rehnquist Court displayed “activism on the right” and was in fact “the most 14 Deciding Constitutional Cases.
Стр. 15
... fact “the most activist Supreme Court in history.”13 In short, the Supreme Court has been castigated for activism almost continuously, from quite early on and by a wide variety of critics. If the charge of activism is to be anything ...
... fact “the most activist Supreme Court in history.”13 In short, the Supreme Court has been castigated for activism almost continuously, from quite early on and by a wide variety of critics. If the charge of activism is to be anything ...
Стр. 25
... facts (who did what to whom) rather than legislative facts (whether a law is a good policy choice). So even if the goal is simply to get the right answer, the Court may do better in the ordinary case by deferring to the implicit ...
... facts (who did what to whom) rather than legislative facts (whether a law is a good policy choice). So even if the goal is simply to get the right answer, the Court may do better in the ordinary case by deferring to the implicit ...
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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