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
... factors that sup- ports deference or a refusal to defer is a limited one, and if we are arguing over their relative significance, I believe we are talking about the right thing. I try to explain and apply my standard of legitimacy in a ...
... factors that sup- ports deference or a refusal to defer is a limited one, and if we are arguing over their relative significance, I believe we are talking about the right thing. I try to explain and apply my standard of legitimacy in a ...
Стр. 5
... 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 justices, frequently, is ...
... 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 justices, frequently, is ...
Стр. 19
... factor tests, requirements of congruence and proportionality, and undue burden analysis. You will find a host of bewildering distinctions, between content-based and content-neutral regulations of speech, be- tween hard and soft money ...
... factor tests, requirements of congruence and proportionality, and undue burden analysis. You will find a host of bewildering distinctions, between content-based and content-neutral regulations of speech, be- tween hard and soft money ...
Стр. 21
... factors it must take into account in creating doctrine go well beyond the simple desire to maximize the accuracy of its decisions . In a number of circumstances , doctrine is deliber- ately crafted with the knowledge that it will lead ...
... factors it must take into account in creating doctrine go well beyond the simple desire to maximize the accuracy of its decisions . In a number of circumstances , doctrine is deliber- ately crafted with the knowledge that it will lead ...
Стр. 24
... factor the Court must take into ac- count. I call it “institutional competence.” Institutional. Competence. With respect to the question of whether a particular discrim- inatory law is motivated by hostility, the legislature that enacts ...
... factor the Court must take into ac- count. I call it “institutional competence.” Institutional. Competence. With respect to the question of whether a particular discrim- inatory law is motivated by hostility, the legislature that enacts ...
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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