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
... individual cases are freestanding, and readers who are not interested in partic- ular topics should feel free to skip them. At the end of each chapter I have included a section entitled “Further Reading.” These sections will suggest ...
... individual cases are freestanding, and readers who are not interested in partic- ular topics should feel free to skip them. At the end of each chapter I have included a section entitled “Further Reading.” These sections will suggest ...
Стр. 17
... individuals to sue them for damages? Is flag-burning speech? Is a donation to a political campaign? These are all important questions, but none of them is answered by the words of the First Amendment alone. Men in Black offers several ...
... individuals to sue them for damages? Is flag-burning speech? Is a donation to a political campaign? These are all important questions, but none of them is answered by the words of the First Amendment alone. Men in Black offers several ...
Стр. 22
... individual cases. Its obligation in those cases is to provide justice to the litigants before it, and the most important aspect of that obligation is probably to get the right answer to the question the case pre- sents. But the Supreme ...
... individual cases. Its obligation in those cases is to provide justice to the litigants before it, and the most important aspect of that obligation is probably to get the right answer to the question the case pre- sents. But the Supreme ...
Стр. 23
... individual who has been discrimi- nated against will win. (In order to decide an actual case, the Court would also have to determine whether the individual or the government bears the burden of persuasion, but we will leave that aside ...
... individual who has been discrimi- nated against will win. (In order to decide an actual case, the Court would also have to determine whether the individual or the government bears the burden of persuasion, but we will leave that aside ...
Стр. 29
... individual in a way that should not have been permitted . This is unfortunate , but if the problem is simply that ... individuals something very important or valuable, its cost is greater. The Court The Model 20 29.
... individual in a way that should not have been permitted . This is unfortunate , but if the problem is simply that ... 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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