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. 6
... important. They deal with hot-button social is- sues like abortion, affirmative action, and gay rights, and also with deep and abstract questions about the structure of our government, like the scope of federal legislative power and the ...
... important. They deal with hot-button social is- sues like abortion, affirmative action, and gay rights, and also with deep and abstract questions about the structure of our government, like the scope of federal legislative power and the ...
Стр. 17
... important questions, but none of them is answered by the words of the First Amendment alone. Men in Black offers several neat, if inadvertent, examples of the difficulties one encounters in trying to maintain that the plain meaning of ...
... important questions, but none of them is answered by the words of the First Amendment alone. Men in Black offers several neat, if inadvertent, examples of the difficulties one encounters in trying to maintain that the plain meaning of ...
Стр. 22
... important aspect of that obligation is probably to get the right answer to the question the case pre- sents. But the Supreme Court has other roles. It is not just a court deciding cases; it is also the head of one of the three branches ...
... important aspect of that obligation is probably to get the right answer to the question the case pre- sents. But the Supreme Court has other roles. It is not just a court deciding cases; it is also the head of one of the three branches ...
Стр. 24
... important “if”— then the possibility of obtaining right answers to that question will be increased if the Court does not attempt to decide the matter itself but simply accepts the legislative judgment. The same is probably generally ...
... important “if”— then the possibility of obtaining right answers to that question will be increased if the Court does not attempt to decide the matter itself but simply accepts the legislative judgment. The same is probably generally ...
Стр. 29
... done on a case - by- case basis . To return to the Equal Protection Clause , if the dis- crimination takes the form of denying individuals something very important or valuable, its cost is greater. The Court The Model 20 29.
... done on a case - by- case basis . To return to the Equal Protection Clause , if the dis- crimination takes the form of denying individuals something very important or valuable, its cost is greater. The Court The Model 20 29.
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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