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. |
Результаты поиска по книге
Результаты 1 – 5 из 38
Стр. 5
... given act complies with that mean- ing. What I have tried to do, in other words, is to offer a per- spective from which citizens can judge the Court. The book contains five parts. Part one is the theoretical part. It offers a ...
... given act complies with that mean- ing. What I have tried to do, in other words, is to offer a per- spective from which citizens can judge the Court. The book contains five parts. Part one is the theoretical part. It offers a ...
Стр. 15
... given decision is activist . Most critics start out by saying that the decisions they call activist are wrong . But activism is more than error , and the next step is thus to argue that the error is so blatant that it can- not be a good ...
... given decision is activist . Most critics start out by saying that the decisions they call activist are wrong . But activism is more than error , and the next step is thus to argue that the error is so blatant that it can- not be a good ...
Стр. 16
... given the failure of southern states to protect newly freed slaves from violence at the hands of nightriders and Klansmen . It has also consistently been interpreted to prevent certain kinds of government dis- crimination . But which ...
... given the failure of southern states to protect newly freed slaves from violence at the hands of nightriders and Klansmen . It has also consistently been interpreted to prevent certain kinds of government dis- crimination . But which ...
Стр. 17
... given the same right. “Nowhere,” Levin writes, “does the Constitu- tion require that married couples and single people be treated the same where contraception is involved.”14 That is quite true as far as the words themselves are ...
... given the same right. “Nowhere,” Levin writes, “does the Constitu- tion require that married couples and single people be treated the same where contraception is involved.”14 That is quite true as far as the words themselves are ...
Стр. 32
... given an account of how a hypothetical Supreme Court might think . It is worth taking a moment to consider how it actually does think , or has thought in the past . That is , it is worth examining how closely actual equal protec- tion ...
... given an account of how a hypothetical Supreme Court might think . It is worth taking a moment to consider how it actually does think , or has thought in the past . That is , it is worth examining how closely actual equal protec- tion ...
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 |
Часто встречающиеся слова и выражения
abortion activist affirmative action allow American anti-deferential applications appropriate argued argument asserted Black Brown burdens Bush Casey chapter citizens claim commerce Congress consensus constitutional meaning costs and benefits Court decisions critics decide deference deferential detainees discrimination discuss dissenting doctrinal rule doctrinal test doctrine and meaning Dred Scott Due Process Clause Eighth Amendment enforcement Equal Protection Clause Establishment Clause Executive fact factors federal government Florida Florida Supreme Court Fourteenth Amendment gay marriage gays and lesbians Gore Hamdi homosexual Ibid illegitimate interest issue judges judgment judicial activism Justice justified Kelo Korematsu legislative legislature legitimacy legitimate liberty Lochner Mark Levin Men in Black ment Miranda opinion originalists plain meaning Plessy political prohibits provision punishment question racial minorities Rasul ratifiers reason religious Romer Scalia segregation speech standard stitution strict scrutiny substantial suggest Supreme Court tion understanding University Press uphold violated vote women