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. 20
... lead the Court to decide cases correctly according to the meaning of the Constitution—to uphold governmental acts ... leads to correct decisions.The Court's aspiration, according to this theory,is to reach the right answer in all cases ...
... lead the Court to decide cases correctly according to the meaning of the Constitution—to uphold governmental acts ... leads to correct decisions.The Court's aspiration, according to this theory,is to reach the right answer in all cases ...
Стр. 21
... lead the Court to uphold some governmental acts that violate the meaning of the Constitution,or to strike down some that do not.That is,some doctrinal rules will lead the Court to get cases wrong according to the meaning of the ...
... lead the Court to uphold some governmental acts that violate the meaning of the Constitution,or to strike down some that do not.That is,some doctrinal rules will lead the Court to get cases wrong according to the meaning of the ...
Стр. 25
... lead the Court to uphold the law. This deferential form of review, we could say,“underenforces”the Equal Protection Clause. As Figure 1 shows, underenforcing doctrine strikes down a good deal less than the Constitution actually ...
... lead the Court to uphold the law. This deferential form of review, we could say,“underenforces”the Equal Protection Clause. As Figure 1 shows, underenforcing doctrine strikes down a good deal less than the Constitution actually ...
Стр. 31
... lead the Court to create a doctrinal rule,even when the meaning of the Constitution is more like a standard. (And this, I will suggest,is what has happened with the Fifth Amendment and the Miranda warning.) On the other hand, clear ...
... lead the Court to create a doctrinal rule,even when the meaning of the Constitution is more like a standard. (And this, I will suggest,is what has happened with the Fifth Amendment and the Miranda warning.) On the other hand, clear ...
Стр. 32
... lead the Court down different doctrinal paths, which are known as the tiers of scrutiny. Under the first question, most answers will lead the Court to review the discrimination quite leniently. The Court will uphold most discriminatory ...
... lead the Court down different doctrinal paths, which are known as the tiers of scrutiny. Under the first question, most answers will lead the Court to review the discrimination quite leniently. The Court will uphold most discriminatory ...
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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