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
... interest and. EIGHT The Establishment Clause 140 NINE The Death Penalty : Roper and Atkins 151 TEN The First Amendment : Campaign Finance Reform 161 Part IV - Illegitimacy ELEVEN Refusing to Defer 169 TWELVE Reviled Decisions 202 Part V ...
... interest and. EIGHT The Establishment Clause 140 NINE The Death Penalty : Roper and Atkins 151 TEN The First Amendment : Campaign Finance Reform 161 Part IV - Illegitimacy ELEVEN Refusing to Defer 169 TWELVE Reviled Decisions 202 Part V ...
Стр. viii
... interest and inspiration of Akhil Amar and Michael O'Malley. In writing it, I have been greatly aided by the advice and comments of friends, family, students, and colleagues—categories that in some cases over- lap. For their help, I am ...
... interest and inspiration of Akhil Amar and Michael O'Malley. In writing it, I have been greatly aided by the advice and comments of friends, family, students, and colleagues—categories that in some cases over- lap. For their help, I am ...
Стр. 23
... interest because it offers net bene- fits to society. The doctrinal rule the Court would follow, then, might simply restate this interpretation of the Equal Protection Clause. If the discrimination is not the product of hostility and ...
... interest because it offers net bene- fits to society. The doctrinal rule the Court would follow, then, might simply restate this interpretation of the Equal Protection Clause. If the discrimination is not the product of hostility and ...
Стр. 26
... judgment that such discrimination is innocent and in the public interest. Thus, the Court might evaluate the constitutionality of such discrimina- tion without any deference to the legislature . It might 26 Deciding Constitutional Cases.
... judgment that such discrimination is innocent and in the public interest. Thus, the Court might evaluate the constitutionality of such discrimina- tion without any deference to the legislature . It might 26 Deciding Constitutional Cases.
Стр. 27
... interest of more than ordinary im- portance . ( There are actually two different forms of height- ened scrutiny , intermediate and strict , which I will discuss later . For present purposes , it is enough to distinguish between ...
... interest of more than ordinary im- portance . ( There are actually two different forms of height- ened scrutiny , intermediate and strict , which I will discuss later . For present purposes , it is enough to distinguish between ...
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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