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. 1
... gives the American people , through their elected representatives , the chance to say what they want in terms of constitutional inter- pretation . On that question , the answer seemed clear . Presi-. Introduction: Judging the Court.
... gives the American people , through their elected representatives , the chance to say what they want in terms of constitutional inter- pretation . On that question , the answer seemed clear . Presi-. Introduction: Judging the Court.
Стр. 5
... give to the judgment of other government ac- tors. The key question for legitimacy, likewise, will frequently be what explanation can be given for the Court's decision to defer or not to defer. Parts two, three, and four form the body ...
... give to the judgment of other government ac- tors. The key question for legitimacy, likewise, will frequently be what explanation can be given for the Court's decision to defer or not to defer. Parts two, three, and four form the body ...
Стр. 27
... give full attention to burdens it im- poses on them . It is likely to pass laws that burden them , that is , even if the benefits do not exceed the burdens . The same is true , to a lesser extent , of laws that burden politically weak ...
... give full attention to burdens it im- poses on them . It is likely to pass laws that burden them , that is , even if the benefits do not exceed the burdens . The same is true , to a lesser extent , of laws that burden politically weak ...
Стр. 39
... give us a general method of deciding whether decisions are legitimate or not . Defining activism as striking down state or federal laws also has some merit . A judge who upholds a law can hardly be accused of imposing his views . A ...
... give us a general method of deciding whether decisions are legitimate or not . Defining activism as striking down state or federal laws also has some merit . A judge who upholds a law can hardly be accused of imposing his views . A ...
Стр. 46
... give to the legislature's balancing of costs and benefits—it will need to apply some doctrinal rule embodying a deferential, non- deferential, or anti-deferential stance. Some people, including prominent academics and Su- preme Court ...
... give to the legislature's balancing of costs and benefits—it will need to apply some doctrinal rule embodying a deferential, non- deferential, or anti-deferential stance. Some people, including prominent academics and Su- preme Court ...
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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