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. 1
... issues , even conservatives offered lukewarm sup- port or outright opposition . Twenty - four days after announc- ing the nomination , President Bush withdrew it . His next pick was Samuel Alito , a judge on the federal court of appeals ...
... issues , even conservatives offered lukewarm sup- port or outright opposition . Twenty - four days after announc- ing the nomination , President Bush withdrew it . His next pick was Samuel Alito , a judge on the federal court of appeals ...
Стр. 2
... issue. No one explained how to identify activism in any objective way, and the nominees res- olutely refused to offer anything more than vague platitudes about their respective approaches to constitutional interpretation. Certainly they ...
... issue. No one explained how to identify activism in any objective way, and the nominees res- olutely refused to offer anything more than vague platitudes about their respective approaches to constitutional interpretation. Certainly they ...
Стр. 6
... issues I did not feel able to address adequately in the main text and point readers to useful discussions of those topics. As I do no more than note the is- sues, some parts of those sections may seem cryptic. Constitu- tional law is ...
... issues I did not feel able to address adequately in the main text and point readers to useful discussions of those topics. As I do no more than note the is- sues, some parts of those sections may seem cryptic. Constitu- tional law is ...
Стр. 18
... issue , one which I will address at greater length in chapter 3. ( In particular , I will consider the ar- gument that supplementing text with history allows us to de- termine what the Constitution means for specific cases . ) The point ...
... issue , one which I will address at greater length in chapter 3. ( In particular , I will consider the ar- gument that supplementing text with history allows us to de- termine what the Constitution means for specific cases . ) The point ...
Стр. 38
... issues that are not necessary to the resolution of the par- ticular case. We might also call a decision activist if it strikes down a state or federal law. There the court is asserting itself against an elected branch of government ; it ...
... issues that are not necessary to the resolution of the par- ticular case. We might also call a decision activist if it strikes down a state or federal law. There the court is asserting itself against an elected branch of government ; it ...
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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