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. vii
... Illegitimacy ELEVEN Refusing to Defer 169 TWELVE Reviled Decisions 202 Part V - Striking the Balance THIRTEEN Branches Behaving Badly : Whom Do You Trust ? 229 Notes 237 Index 247 inated D.C. Circuit Court judge John Roberts to suc ...
... Illegitimacy ELEVEN Refusing to Defer 169 TWELVE Reviled Decisions 202 Part V - Striking the Balance THIRTEEN Branches Behaving Badly : Whom Do You Trust ? 229 Notes 237 Index 247 inated D.C. Circuit Court judge John Roberts to suc ...
Стр. 26
... illegitimate. This history justifies the Court in not deferring to the legislative judgment that such discrimination is innocent and in the public interest. Thus, the Court might evaluate the constitutionality of such discrimina- tion ...
... illegitimate. This history justifies the Court in not deferring to the legislative judgment that such discrimination is innocent and in the public interest. Thus, the Court might evaluate the constitutionality of such discrimina- tion ...
Стр. 33
... illegitimate children are under- represented in state legislatures. Thus, there are some grounds to think that legislatures might not weigh their interests appropriately. This is the factor of defects in democracy. More- over, The Model 33.
... illegitimate children are under- represented in state legislatures. Thus, there are some grounds to think that legislatures might not weigh their interests appropriately. This is the factor of defects in democracy. More- over, The Model 33.
Стр. 34
... illegitimate children based on stereotypes now generally be- lieved to be inaccurate. That history also suggests that legisla- tures are relatively likely to make mistakes about the prefer- ences or characteristics of women and illegitimate ...
... illegitimate children based on stereotypes now generally be- lieved to be inaccurate. That history also suggests that legisla- tures are relatively likely to make mistakes about the prefer- ences or characteristics of women and illegitimate ...
Стр. 37
... Illegitimate decisions , by contrast , have something im- proper about them . They are not necessarily motivated by a judge's policy preferences — indeed , I will argue that the cause of most of the illegitimate decisions I will ...
... Illegitimate decisions , by contrast , have something im- proper about them . They are not necessarily motivated by a judge's policy preferences — indeed , I will argue that the cause of most of the illegitimate decisions I will ...
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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